Employers often assume that anything their employees invent while on the job belongs to the company. However, the general rule is that the employee retains ownership over patent rights resulting from the invention, even if the invention relates to the employer’s product line.
Read MoreThere has been much focus over the past decade on the tech startup world; how to obtain financing, how to scale and how to make a quick and profitable exit. But what about those business owners who are in it for the long haul? What should they be thinking about over the decades of blood, sweat and tears that they put into building their businesses? Read on for tips for a successful exit.
Read MoreNow that we are (hopefully) seeing the beginning of the end for the coronavirus pandemic, many founders are turning their attention back to the crucial fundraising goals they set at the beginning of 2020. For those that want an “easy button” to startup fundraising, the Simple Agreement for Future Equity (“SAFE”) may be the answer.
Read MoreOn May 15th we published an article about business interruption insurance in the age of COVID-19. What we didn’t anticipate at the time was the civil unrest arising out of the killing of George Floyd, and the additional impact rioting and looting would have on small businesses.
Read MoreAs business has slowed due to the coronavirus pandemic, anxiety about supply chain disruption has increased. One step any company struggling to meet its obligations under contracts can take is to review its distribution, event and supply contracts for a clause known as the Force Majeure Clause. This clause is present in most commercial contracts and serves to excuse a party’s performance of its obligations under the contract when circumstances beyond the party’s control arise to make performance impossible. Recent governmental actions taken to combat COVID-19 and the resulting closures, shortages and limitations on public gatherings are likely to generate an increase in the number of parties hoping to avoid having to perform under contracts.
Read MoreAs the economic stress of the COVID-19 pandemic continues to increase daily, lawmakers around the country are coming under increased pressure to shift economic losses onto the insurance industry, much as was done after the September 11th attacks. Many businesses carry Business Interruption (“BI”) insurance, either as part of their commercial property insurance or as a freestanding policy. BI coverage protects against economic losses resulting from a business’s inability to put insured property that has been damaged by a covered “peril” to its normal use.
Read MoreMashup’s of fictional stories is something that has become more and more relevant in the digital age. You can search for stories that discuss the D.C. Comic superheroes versus the Marvel Comic superheroes. In an episode from the Golden-Globe winning show Parks and Rec in which Patton Oswalt guest starred, his character filibustered by giving his own Star Wars and Marvel cross over idea. Needless to say, we would all love for these types of epic universes to collide, but Copyright law stops that (for the most part) from happening without requisite permission.
Read MoreWhen you see a tattoo on someone’s body, you probably wonder what the significance of the tattoo is. Some people use tattoos to honor family members, like Lebron James’ portrait of his son on his forearm. Others get tribal tattoos, like Mike Tyson’s famous face tattoo. You might want to ask a person why they got their tattoo, but you would likely never ask: “Do you own the copyright to that tattoo?”
Read MoreNetflix started out 2019 with a fresh Trademark lawsuit filed over their “Black Mirror: Bandersnatch” film. The film has been a big hit as Netflix took advantage of the strong following their original series, Black Mirror, already had. Bandersnatch allows viewers to dictate the story line and ultimately decide the ending. There are several different choices that can be made throughout the film with the main character setting the scene early on in the movie, and coincidently for this lawsuit, by informing his father that a videogame he wants to create is based on a fictional “’Choose Your Own Adventure’ Book.” Unfortunately for Netflix, Choose Your Own Adventure books are very real, and the owners of the book series brought suit against Netflix for trademark infringement and dilution.
Read MoreWhen you go to a Sonic in Portland, you have a certain expectation that the tater tots and frozen drinks are going to taste the same as they do in Atlanta. And you expect the Sonic employees’ uniforms to be the same in Dallas as they are in Orlando. These expectations for Sonic and all Sonic franchises can be traced back to Section 5 of the 1946 Lanham Act.
Read MoreIf you own Intellectual Property and find out that someone is using it without your permission, your first instinct would be to send them a cease and desist letter to end the infringing use, right?. But, what happens when that infringing user brings a lawsuit against you in a court far, far away?
Read MoreCollective membership marks are a lesser known species of protectable marks—they do not indicate commercial origin of goods or services, rather, their purpose is to "indicate that the user of the mark is a member of a particular organization." Think social clubs, or motorcycle “gangs.” Read about the recent Trademark Trial and Appeal Board case, Devil's Desciples v. Woodard.
Read More
Last month, a California jury awarded $25 million in damages to Steven Lamar in his lawsuit against Dr. Dre and Jimmy Iovine. Specifically, Lamar claimed that he brought the idea for celebrity-endorsed headphones to Dre and Iovine in 2006 and, pursuant to a later settlement agreement, that Lamar was entitled to over $100 in damages for unpaid royalties. Read more to learn how the jury decision came down, as well as takeaways about drafting settlement agreements.
As sunny skies and warm weather set in, Res Nova Law shines our Portland Business Spotlight on fitness equipment and training company, Level 10 Products. Founded by Reggie Senegal, an entrepreneur who realized his passion for creating fitness products when he retired from a decorated and professional track running career, Level 10 rises with its new flagship product: the Octofit.
Read MoreWise businesses will carefully patrol the line between patents and trade secrets, which is not always an easy task. While disclosing more information helps strengthen a patent, you lose trade secret protection by making that information public. On the other hand, if you can hold back key technology, you might gain perpetual trade secret protection. A recent California case, Waymo v. Uber, highlights this very tension.
Read MoreRes Nova Law is ready to ride into summer, and we're shining our Portland Business Spotlight on Castelli, a legendary Italian cycling apparel company rooted in Portland, Oregon. We spoke to Greg Cowan, the president of Castelli USA, to learn more about Castelli's presence in Portland.
Read More
