Common law trademarks are marks that have certain rights and protections despite not being federally registered. A federally registered trademark has exclusive rights, the presumption of being valid, and its zone of protection is expanded from its common law restricted territory to that of the entire country.
Trademark Infringement & The Likelihood of Confusion Analysis
Infringement & Likelihood of Confusion Infringement of a trademark is the act of violating a trademarks protected rights. A court determines infringement when there is a likelihood of confusion amongst consumers in regards to the products origins. Infringement tends to…
Trademark Distinctiveness: What Every Entrepreneur, Business Person, and Company Should Know
Trademark Distinctiveness One of the most important elements that the United States Patent and Trademark Office (“USPTO”) considers when granting federal registration to trademarks other than the mark being used first continuously in commerce is the distinctiveness of the mark. …
What Are Trademarks? What Law Governs Them?
Trademark law is regulated by the Lanham Trademark Act (the “Act”). Generally, trademarks are logos, phrases, words, and symbols used by producers to identify their goods. However, colors, fragrances, shapes, and sounds, may also be registered as trademarks.
What Are Bylaws: Does A Corporation Need Bylaws?
In most states a corporation is required to have bylaws. The directors must adopt bylaws at the organizational meeting or in the actions in lieu of minutes of that meeting. There are no set criteria for the content of bylaws in many states however.
Member Managed vs. Manager Managed Limited Liability Companies
Limited Liability Company (“LLC”) operating agreements can differ in two ways. LLCs commonly employ two different management structures: member-managed and manager-managed LLCs. Both member-managed and manager-managed LLCs have a different means of completing certain company tasks.
Agency Principles: When Is Someone Considered Your Agent
The law of agency can be a crucial component of any business. Agency is also important when hiring independent contractors, in construction contracts, overseeing of employees, or completing small things around the home or on private property. An agent can…
Fundamental Changes In Corporate Structure
Corporations are always changing. In this day and age if a corporation does not adjust, if it does not change to the new economy or diversify its assets while keeping shareholders happy than they will be in a financial bind.…
All You Need To Know About Corporations
This article will be a quick and to the point document based on understanding a corporation. A corporation that follows the laws when created is known as a De Jure corporation. It is created when the articles of incorporation are…
What If I Didn’t Sign A Deed Am I Still Liable For Any Mortgages?
If you did not sign a deed you are not liable for any mortgages or liens that may be on the property. This is especially true if there was no mention of you assuming the mortgage or liens. Moreover, if…