This type of law was recently introduced to me and I am curious about it. From what I have read online, it seems to be a way of keeping non-general information out of the reach of the public, or separate businesses. But how can a lawyer or attorne...
If you want to read examples of trade secret law in action then read court decisions that apply that law. Visit the link below. Most trade secret law is state law so the linked-to compilation of cases are all from Texas courts. A federal trade secret law was recently enacted but there aren't many published decisions applying that law yet. https://scholar.google.com/scholar?q=%22trade+secret%22&btnG=&hl=en&as_sdt=4%2C44See question
I was notified by a friend who resides in another state that a playground equipment company has been using my sons picture to sell their structures. I had no knowledge of this and am finding out this add is in 2 states now. Don't they need my cons...
Everyone, including minors, has a "right of publicity" which protects their name, image, and likeness from being used for commercial purposes without permission. Each state's law creates various exceptions to this right so it is not, of course, absolute. You will need to speak with an intellectual property attorney in the state where the photograph is being used to determine whether your son's right of publicity is being misappropriated by the playground equipment company. You should read up on right of publicity law before you do. Visit the following links: [ http://rightofpublicity.com ] and [ http://www.rightofpublicityroadmap.com ].
In addition, the person who took the photograph owns its copyright. If you or someone you know took the photograph then the playground equipment company is very likely infringing its copyright. Your own intellectual property attorney will know how to evaluate that possibility. Good luck.See question
We have a resturant named Tonkotsu Ramen Bar in West Valley City, Utah. There are 3 business partners Myself, Kim and Dennis. Dennis opened another restaurant right next door and named it Tonkotsu Shabu Shabu. Dennis has a different business ...
It may very well be an "unfair business practice" under Utah law to open a restaurant named "Tonkotsu Shabu Shabu" right next door to an already-established restaurant named "Tonkotsu Ramen Bar." It almost certainly would be under California law -- even though none of those words, or their combination, serves as a trademark. Speak with a Utah-licensed intellectual property attorney experienced with unfair competition and trade name disputes. Good luck.See question
I recently searched for my name in Google and one of the top search results was a link to a Web site called Relationship Science that listed my employment information, including my employer name, title, and dates of employment. I emailed the compa...
Unless you and your employer have taken meaningful, affirmative steps to protect from public disclosure the fact that you work for that employer then anyone who knows about that employment relationship can lawfully publish that information at any time in any place. Why would the law be any different? With very few exceptions, the law cannot prohibit the publication of facts known to be true -- even if those facts disclose information about a person who'd prefer they not be made public.See question
For example, a friend and I both create mobil smartphone apps. He shared his idea with me and I shared his idea with him. Now we are both paranoid that we are going to take each other's ideas. We had each other send messages via text saying: ...
To form a contract two or more parties must exchange sufficiently specific mutual promises in exchange for consideration [something of value]. The terms of your proposed contract have neither.
Most fundamentally, you don't define the "mobile app ideas." Your proposed contract, therefore, never gets out of the starting block. Moreover, smartphone applications are only rarely protected under patent law but are always protectable under copyright and trademark law -- which makes your patent provision not only highly suspect from an enforcement perspective but also useless from a practical perspective. In addition, the "will not discuss these mobile app ideas with anyone else" provision is almost certainly unenforceable as vague and ambiguous. You also fail to include any consideration. What are each of you giving up in exchange for whatever it is you're promising. These are just some of the problems with your proposed contract [another is that it has no termination date].
As noted by my colleague, what you're attempting to do is create a state law enforceable non-disclosure / non-competition agreement. To do that properly you need to speak with your own Florida-licensed intellectual property attoney. You're wasting your time -- and making things MORE complicated -- by trying to draft one yourself. Good luck.See question
I am an applicant Can I get extension to respond to a notice of opposition for a trademark? I can see that the option to extend time is valid for opposer only? But as an applicant how would I ask to extend time. I am using this link to ask for mor...
An applicant for a trademark registration may request an extension of time to Respond to an Opposition proceeding by filing a motion with the TTAB asking for the extension or informing the TTAB that the parties stipulated to an extension. Read TBMP sections 310.03(c), 509.01, and 509.01(a) to learn the procedure and requirements [visit the link below]. There is, however, very little likeihood you will prevail in the Opposition proceeding without hiring a trademark attorney. If your trademark has commercial value to you then you really should protect it by hiring your own attorney. Good luck.
I want to sell art pieces under my maiden name John Doe and I understand I don't need a DBA and can sell art under my name which is very common but I want to create a ecommerce website to sell my pieces however I don't know what domain to put tha...
A person may lawfully engage in business under his or her own name. That business is called a "sole proprietorship." The business must be transacted under that person's actual name or, if all formalities are met, under a "fictitious business name" [in Texas, such names are called "assumed names"]. Visit the link below to read about those formalities -- which are, essentially, filing an assumed name certificate with your county clerk's office.
Your maiden name is NOT your actual name. It used to be, but is no longer. So speak with your own Texas-licensed intellectual property attorney about filing an assumed name certificate -- and about clearing the rights to use that name because it may already be in use by someone else to sell their artwork. Good luck.See question
The publisher is supposed to do retraction but they are not. What do I gain if I sue the publisher for not applying the ethical standards on their website (i.e. allowing cheating)?
Read my response to your nearly-identical question.See question
I'm a avid fantasy fan and I use nfl.com as a website to play it on, I'm also a youtuber that focuses on football and sports. Just wonder what I can and cant do with nfl.com and youtube.
When in doubt, read the directions -- in this case, the NFL.com Terms and Conditions. Visit http://www.nfl.com/help/terms . Short answer: No.See question