Don V. Kelly | Blog for Business Law

— By Don V. KellyFebruary 15, 20160 Comments

Doing Business in Illinois or with Illinois Companies? Beware the Illinois Eavesdropping Statute!

In today’s age, people and enterprises often routinely record personal and business communications for a variety of valid reasons. However, those persons and companies residing and doing business in Illinois should become familiar with the Illinois Eavesdropping Statute (720 ILCS 5/Art. 14) before recording conversations…

Patent Law Trademark Law

— By Don V. KellyMay 26, 20150 Comments

The Sharp Startup: Why We Don’t Trademark Anything

Clients often ask me: “Can we trademark this?” or “Should we trademark this?” I respond bluntly, but politely: “In the United States, we do not “trademark” anything.” Admittedly, I can be an annoying verbal perfectionist. However, the true reason I respond bluntly is because it…

Business Law

— By Don V. KellyDecember 15, 20140 Comments

Think Twice Before Suing to Enforce a Confidentiality Agreement

This past October, in nClosures Inc. v. Block and Company, Inc., the 7th Circuit Court of Appeals ruled that under Illinois law, a confidentiality agreement is not enforceable in absence of proof that reasonable efforts were undertaken to maintain the confidentiality of information shared pursuant…

Business Law Trademark Law

— By Don V. KellyApril 22, 20140 Comments

Inherently Confusing: Bikes and Trademarks (Part 3)

What we Learned From the Specialized Trademark Incident Part 3 – The Internet Determines Whether Marks are Confusingly Similar. In my last post, I followed upon the discussion of the Specialized trademark saga. That saga provides another important pointer for trademark practitioners. A trademark can…

Business Law Trademark Law

— By Don V. KellyApril 14, 20141 Comment

Inherently Confusing: Bikes and Trademarks (Part 2)

What we Learned From the Specialized Trademark Incident Part 2 – Never Miss an Opportunity to Publicly Scold Your Competitor. In my last post, I opened a discussion on the Specialized trademark saga, with the goal of highlighting what hard rules, according to the Internet,…

Business Law Trademark Law

— By Don V. KellyApril 7, 20140 Comments

Inherently Confusing: Bikes and Trademarks (Part 1)

What We Learned From the Specialized Trademark Incident… Part 1 – Always Investigate the Infringer’s Military Service History People always complain: Why must everything in the law be so uncertain? What happened to black and white rules of law? How come everything involves a multi-factor…