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“The previous play is under review.” San Francisco 49er’s quarterback Colin Kaepernick is the latest on a long list of celebrities and sports figures to turn to trademark law in the effort to protect something believed to be rightfully theirs. These efforts are sometimes fleeting, and they often bring the ire of fans. However, the…

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A familiar question dependably re-emerges at about this time each year. It essentially asks “can I get in copyright trouble for having a Super Bowl party with a big screen TV?” This post gives you some ground rules in order to spare everyone from the possibility of being arrested by the copyright police .  (Disclaimer:…

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On January 10, 2013, the United States District Court, N.D. California, San Jose Division entered a permanent injunction against a patent-infringing defendant in BROCADE COMMUNICATIONS SYSTEMS, INC. v. A10 NETWORKS, INC., Dist. Court, ND California 2013 – Google Scholar. The ruling restrained the defendant and parties in active concert with it from “making, using, selling, or…

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Challenges to Solicitation Procedures, Such as Amendments to Solicitations, Must Be Made Before Contracts are Awarded  The Court of Appeals for the Federal Circuit confirmed that, where a protest is based upon a defect in the bid solicitation process, the protest must be made before the bid is awarded. In the case of Comint Systems…

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For a patient claiming lack of adequate consent to a medical procedure, the fight is with the physician, not the physician’s employer or the hospital where by surgery was performed. Under Maryland law, the duty to provide a patient with informed consent lies with the doctor, a U.S. District Court judge in Maryland ruled last…

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Though the business entity is normally liable for unpaid wages, employees also may attempt to claim them from individual owners of the employer entity.  In Maryland, an individual construction project manager who is a company owner may be considered an “employer” under the Fair Labor Standards Acts (“FLSA”) and could be liable for unpaid wages…

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Litigants dissatisfied with the outcome of their trial generally have the right to an appeal.  Deciding whether to exercise that right can be fraught with strategic concerns. If your business finds itself compelled to resolve a dispute at trial, the trial court’s judgment — represented in celluloid by the judge’s gavel banging down — does…

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Companies sometimes pay large sums of money to independent contractors to create a custom software program and mistakenly assume that they own the result. Many companies have valuable intellectual property developed within their business, one of which is rights in copyrighted materials. Copyrights do not involve just novels and artwork; they can include software programs,…

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