Business Law Business Law Resources Trademark Law

Potty-Mouthed Trademarks — Supreme Court to Decide if Federal Prohibition Against Registering Them is Constitutional

It has not been two years since the Supreme Court issued its opinion in the case of Matal v. Tam – a case touching upon an issue near and dear to all of us – free speech.  That case involved the situation in which, Simon…
Business Law Business Law Resources Patent Law Trademark Law

The Ongoing Ambiguity Over Which Inventions Are Patentable And Which Are Not – The Patent Office’s New Guidelines

On January 7, 2019, the United States Patent and Trademark Office issued new 2019 guidelines on how it will go about determining whether an invention is one which the law allows to be patented.  If you have been following the news on this topic then…
Business Law Business Law Resources Labor and Employment Law

WHAT IMPACT WILL MEDICAL MARIJUANA HAVE ON MISSOURI WORKPLACES AND DRUG TESTING BY EMPLOYERS?

On November 6, 2018, Missouri voters approved Amendment 2, the Medical Marijuana and Veteran Healthcare Services Initiative by a margin of 66% to 34%.  It legalized marijuana for medical purposes.  Basically, the amendment allows licensed physicians to recommend marijuana use to patients with any one…
A Rose by Any Other Name: Making Sure Your Trade Name Smells as Sweet.
Business Law Business Law Resources Trademark Law

A Rose by Any Other Name: Making Sure Your Trade Name Smells as Sweet

What’s in a name?  Quite a lot, actually.  Most entrepreneurs are aware that their businesses’ trade name has value as a trademark or service mark and that using someone else’s name could expose them to liability for infringement, but that’s only part of the story. …
Business Law

HAS THE U.S. SUPREME COURT PUT AN END TO LAWSUIT TOURISM ONCE AND FOR ALL? OR “3 STRIKES AND YOU’RE OUT [OF THIS JURISDICTION]”

A General Counsel knows the situation all too well. He or she receives word that the Company has been named as part of a multi-plaintiff case in a plaintiff friendly jurisdiction which has nothing to do with the underlying facts, and most of the plaintiffs…
Business Law

SEVENTH CIRCUIT SAYS PLAINTIFFS CAN’T ESCAPE WORKERS COMP EXCLUSIVITY BY ARGUING NEIGHBORHOOD/COMMUNITY ASBESTOS EXPOSURE

Under a new Illinois case, plaintiffs cannot avoid the restrictions of a state’s workers’ compensation statute by claiming exposure to asbestos in the plant’s neighborhood ambient air caused their asbestos related disease, rather than the exposures that occurred during their long employment history. The Seventh…