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, …
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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 …
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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 …
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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 …
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Minnesota law recognizes four different privacy torts including appropriation, intrusion, public disclosure of private facts, and false light. Liability under public disclosure of private facts occurs …
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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 …
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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 …
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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 …
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There can be instances where one can use the trademark of another and that use will be classified as “fair use.” Usually, marks have two meanings, a trademark meaning and an independent or surname …
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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 …
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Scandalous or Immoral Every once in a while the U. S. Patent and Trademark Office is faced with an application that could potentially be deemed “scandalous or immoral.” Denial of marks that are …
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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 …
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Minnesota’s Usury Law, which is codified in Minnesota Statutes Chapter 334, sets limits on the amount of interest that can be charged on any particular type of debt. Chapter 334 also does not allow …
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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 …
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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. However, there are …
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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 …
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This past legislative session saw big changes to Minnesota Statute Chapter 179A, the Public Employment Labor Relations Act (“PERLA.”) The biggest change was the reemergence of the (PERB). The …
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In March 2014, the Minnesota Supreme Court finally recognized the tort of tortious interference with prospective economic advantage as a viable claim in Minnesota in Gieseke v. IDCA, Inc., 844 N.W.2d …
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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 …
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OSHA The Minnesota Occupational Safety and Health Act’s purpose is “to assure so far as possible every working man and woman in the state of Minnesota safe and healthful working conditions and to …
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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 …
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A board of directors of a corporation is the governing body of the corporation that helps facilitate the high-level direction and advances corporate objectives. In addition to those responsibilities, …
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2017 Update: Minnesota’s Anti-SLAPP Statute Ruled Unconstitutional The Minnesota Supreme Court held that Minnesota’s Anti-SLAPP Statute was unconstitutional as applied to claims at law alleging torts. …
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Minnesota Deceptive Trade Practices Act Minnesota’s Deceptive Trade Practices Act (“DTP”) creates a private right of action for a person who is injured by a deceptive trade practice. Deceptive Trade …
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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 …
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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 …
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Under Minnesota law, medical cannabis is defined as cannabis provided to a registered patient taken as a liquid, pill, or by vaporizing. Minn. Stat. § 152.22, subd. (6). The following information was …
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Copyright is a form of intellectual property that grants the creator of an idea or work of art exclusive rights to the material. In order to copyright material it must be an original work and must be …
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The trademark registration process is not a very difficult process; however, it can be a long process. The typical process usually takes about 10 months, and if there are any errors or mistakes in the …
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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 …
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