Business Litigation

What Is a Trademark?

Trademark protections are available for various names, devices, words, or symbols that can be used in connection with a service or good. Additionally, there are certain marks that are associated with a service, and these will be called “service marks.” However, “trademark” is the common term used to refer to marks associated with both goods and services. Trademarks are designed to allow companies and individuals to distinguish themselves from others in the industry and to...
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What Is a Copyright?

Copyrights are forms of intellectual property protection that find their basis in the Constitution of the United States and granted under the law to protect original works of authorship. This includes both published and unpublished works. There are various categories of works that can be protected by copyright laws in the US, including movies, software, literary works, paintings, live performances, photographs, and more. Here, we want to provide a brief overview of what a copyright...
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Can You Sue for False Advertising?

In the United States, you will find that there are numerous state and federal false advertising laws that prohibit all types of deceptive advertising, misleading product labels, and similar practices. These laws are incredibly important to protect not only the rights of consumers, but also their health and well-being. It is important to understand basic false advertising laws and whether or not you can file a lawsuit if you have been the victim of false...
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What Is a Cease and Desist Letter?

A cease and desist letter is a common method used in an attempt to resolve a dispute between two or more parties. A cease and desist letter is not going to be filed in court. Rather, this letter will be sent to the individual or business you have a conflict with to ask them to stop an activity that you believe is infringing on your rights. A cease and desist letter is also commonly referred...
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What Is a Trade Secret?

Trade secrets are defined by federal law under the Uniform Trade Secrets Act (UTSA). They are forms of intellectual property and may consist of any pattern, physical device, idea, process, or formula (or a combination of those) that gives a company an advantage over its competitors. It is important to understand what kind of things can be considered trade secrets, how businesses protect trade secrets, and what the penalties are for stealing trade secrets. What...
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