The privacy tort of intrusion upon seclusion often evokes thoughts of physical intrusion as well as electronic or mechanical intrusion such as video surveillance or telephone recording, which is …
READ MORE →Unincorporated Association Trademark Example: Southern California Darts Association On August 11, 2014, the Court of Appeals for the Ninth Circuit, in which the states of Arizona, California, Nevada, …
READ MORE →In trademark law, “likelihood of confusion” is the primary legal standard for trademark infringement. A recent decision from the 9th Circuit Court of Appeals nicely articulates the black letter law …
READ MORE →This article explains issues to consider when exploring the concept of expanding a nonprofit organization into various geographic areas by working jointly with a local leader in those areas. This …
READ MORE →After a plaintiff has been able to prove copyright infringement a defendant can allege a number of defenses, including fair use. A defense of fair use is not alleging that an infringement did not …
READ MORE →Minnesota recognizes three common-law invasion-of-privacy torts: intrusion upon seclusion, appropriation, and publication of private facts. In Lake v. Wal-Mart Stores, Inc., 582 N.W.2d 231, 235 (Minn. …
READ MORE →Commercial disparagement under the common law allows for cause of action for when a defendant makes a false, misleading, or deceptive representation about another’s goods or services. Minnesota In …
READ MORE →Common-law and statutes allow for a cause of action when a company misrepresents the nature or characteristics of its goods to consumers. In Minnesota, a false statement in an advertisement is defined …
READ MORE →Paris Convention The Paris Convention applies to patents, trademarks, industrial designs, utility models, service marks, trade names, geographical indications, the repression of unfair competition and …
READ MORE →There are situations where you can use another company’s trademark and have that use protected as “fair use.” Some words used as trademarks also carry an independent descriptive, …
READ MORE →What is cybersquatting? Cybersquatting is the act of purchasing a domain name that uses the names of existing businesses, which are usually trademarked, for the sole purpose of either profiting from …
READ MORE →Scandalous or Immoral Update: The Supreme Court has struck down this bar. In Iancu v. Brunetti, 588 U.S. 388, 139 S. Ct. 2294 (2019), the Court held that the Lanham Act’s prohibition on …
READ MORE →Three Elements of Operating a Franchise in Minnesota Operating a franchise involves the combination of these three elements: A license to use a trade or service mark, The payment of a fee by the …
READ MORE →Minnesota’s general usury law is codified in Minnesota Statutes Chapter 334. It sets a six percent legal rate of interest when the parties do not contract for interest in writing, and it caps …
READ MORE →Commercial General Liability Insurance Policy or “CGL” is a standard insurance policy issued to business organizations to protect them against liability claims for bodily injury or property damage …
READ MORE →Commercial general liability insurance policies for businesses are necessary. They provide businesses with protection of their property in case of damages or if they are ever sued. There are a number …
READ MORE →Business owners are typically very good at, and excited about the business, however they may not be good at the legal issues that come with forming and owning a business. Business attorneys work with …
READ MORE →This past legislative session brought significant changes to Minnesota Statutes Chapter 179A, the Public Employment Labor Relations Act (PELRA). The statute provides that sections 179A.01 to 179A.25 …
READ MORE →If a competitor, a former partner, or a former employee cost you business you expected to win, and did it through conduct that was itself tortious or unlawful, Minnesota recognizes a claim: tortious …
READ MORE →Limited Liability Partnership There are many different ways to form a business under Minnesota Law and one of them is a Limited Liability Partnership. A Limited Liability Partnership is basically a …
READ MORE →OSHA The Minnesota Occupational Safety and Health Act’s purpose is “to assure so far as possible every worker in the state of Minnesota safe and healthful working conditions and to preserve our human …
READ MORE →A vice president may need to determine whether she is a company officer. This issue comes up in legal issues, company documents, and lawsuits. For example, Goldman Sachs recently found itself in …
READ MORE →If you serve on a corporation’s board of directors, your role carries more than strategy: as a director you owe the corporation fiduciary duties. Minn. Stat. § 302A.251, subd. 1. You must …
READ MORE →If you have been sued over something you said in public, Minnesota gives you a procedure for asking the court to dismiss the claim early. That procedure comes from the Uniform Public Expression …
READ MORE →Minnesota Deceptive Trade Practices Act Minnesota’s Deceptive Trade Practices Act (“DTP”) creates a private right of action for a person who is likely to be damaged by a deceptive trade practice. …
READ MORE →What Records Must You Keep About Your Employees? Under federal law and Minnesota state law, employers are required to keep a variety of records about their employees. Federal Law Federal law requires …
READ MORE →On August 4, 2014, the Minnesota Department of Health published the first draft of rules for the two persons/companies who are chosen as Minnesota’s two medical marijuana manufacturers. Below are some …
READ MORE →Under Minnesota law, the statutory definition of medical cannabis formerly located at Minn. Stat. § 152.22, subd. 6, has been repealed, and the current text of § 152.22 does not contain this …
READ MORE →Is a Claim for the Breach of a Contractual Representation of Future Legal Reliance Actionable? Recently in a certified question, the Minnesota Supreme Court found that under Minnesota Law a claim for …
READ MORE →Remedies for Violations of Minnesota Franchise Act Under the Minnesota Franchise Act (MFA) there is a private right of action for franchisees, and anyone who violates the MFA is liable to the …
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