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 Minnesota, under the common law a claim of product disparagement “requires allegations that the defendant made a false statement tending to disparage the plaintiff’s products or…
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 as follows, Any person, firm, corporation, or association who, with intent to sell or in anywise dispose of merchandise, securities, service, or anything…
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 was signed in Paris, France on March 20, 1883. In essence, it ensures that each member nation tax citizens of the other member nations against unfair competition. The Paris Convention…
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 descriptive meaning. It is important to note that under trademark law only the trademark meaning is given protection. In other words…
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 the goodwill of that person’s business/trademark or holding the domain name hostage in exchange for a sum of money from the business or person…
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 scandalous comes from Section 2(a) of the Lanham Act which states, No trademark by which the goods of applicant may be distinguished…
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 franchisee to the franchise for the right to enter a business, and Community interest’s, marketing plan or some element of control…
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 collection of interest that exceeds the statutorily allowed rate and renders some of these contracts with a higher rate invalid. Determining…
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 arising out of premises, operations, products, and completed operations, and advertising and personal injury liability. However, as with most insurance policies there are exclusions for coverage. One…
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 a number of exclusions in a lot of commercial general liability policies. One of those exclusions is the Knowingly False Publication Exclusion. Coverage is excluded…
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 individuals, and partners to address and solve legal issues, and provide legal advice regarding your business formation. By retaining an attorney…
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 creation of the PERB was one of the biggest changes since PERLA was enacted in the 1970’s. Minnesota has previously had a PERB, however, its responsibilities…
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 210 (Minn. 2014). The cause of action has existed in Minnesota for over a century but has been called various things throughout that time…
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 general partnership that has registered to be a Limited Liability Partnership and has also filed a “statement of qualification.” Minnesota Statute § 323A.1001. Unlike…
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 preserve our human resources.” Minnesota’s OSHA standards are codified in chapter 182 of Minnesota’s statutes. Minnesota’s Occupational Safety and Health Rules also…
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 litigation over whether a vice president was entitled to indemnity from Goldman, since Goldman’s policy was to indemnify all company officers. While “vice…
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, a director of a corporation also has fiduciary duties. First, a director must carry out their duties in good faith in a manner that the…
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. See Leiendecker v. Asian Women United of Minnesota, 895 N.W.2d 623 (Minn. 2017). Learn more with these news stories: Anti-SLAPP law perishes at Supreme Court Minnesota’s SLAPP law is…
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 Practice is defined as: passes off goods or services as those of another, causes likelihood of confusion or of misunderstanding as to the source, sponsorship,…
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 employers to keep information regarding their employees. Most of this information is already maintained by the employer during its normal course of business….
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 frequently asked questions regarding the new rules, which will be codified as Chapter 4770.* General What is the Purpose of Chapter 4770? To provide…
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 obtained at a Minnesota Department of Health meeting to discuss Minnesota’s medical marijuana statue. Are There Taxes Applied to the Sale of Medical…
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 tangible. A copyright begins when the work was created and lasts until 70 years after the creator’s death….
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 registration, it can take more than a year to process. Mistakes on an application can be costly so it is…
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 the breach of a contractual representation of future legal compliance is actionable without proof of alliance. This new law came out of the…
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 franchisee. There are a number of different ways the franchisee can sue for violations through the MFA, including damages, recision, or other relief….
The Truth in Lending Act (TILA) was originally passed in 1968 and focuses on the uniform disclosure of credit terms to facilitate consumers shopping for the best credit terms available to them. Congress enacted TILA because it found that “economic stabilization would be enhanced and the competition among the various financial institutions and other firms…
Conversion is unlawfully taking or using someone’s property in a way that prevents the lawful owner from enjoying the full rights and benefits of ownership. This article explains conversion law in Minnesota and answers some common questions. What Is the Definition of Conversion? In simple terms, conversion is unlawfully taking or keeping someone else’s property….
Capitalization for Corporations: Shares & Preferred Stock Essentially, Minnesota corporations have two options to raise capital. The corporation can issue shares of the corporation stock or it can borrow money to provide startup capital. Pursuant to Minnesota Statute § 302A.011, subd. 28 a share is “one of the units, however designated, into which the shareholders’…
Update: The article below was written under Minnesota Statutes chapter 322B, which was replaced in 2015 by Minnesota Statutes chapter 322C. For a more current article, see Member-Managed vs. Manager-Managed vs. Board-Managed LLC. Composition of Members and Governors So you have decided to form your company as a limited liability company, under Minnesota statute §322B.105….