Legal News And Information

More About Trademarks

Wed, 15 May 2024 15:04:58 GMT

What's in a Name? The Cool World of Trademarks

What is a Trademark ?

A trademark is like a unique signature for a company—it could be a catchy name, a cool logo, or even a jingle that gets stuck in your head! For example, when you see the golden arches, you instantly think of McDonald's, right? That’s a trademark in action. Trademarks help businesses make sure no one else uses a name or logo that’s too similar to theirs. Imagine if anyone could open a store with golden arches; it would be super confusing!

Why Do Trademarks Matter?

Trademarks are super important because they help us know what we’re buying and who it’s from. They make sure we don’t mix up brands and give companies the confidence to invest in making their products special. Plus, they help prevent fake or copycat products. So, if you love a certain sneaker or chocolate bar, a trademark makes sure you’re getting the real deal every time you buy it.

How Do You Get a Trademark?

Getting a trademark isn’t as hard as you might think, but it does need some homework. First, you have to come up with a unique name or design. Then, you check if someone else has already taken it (this is a lot like seeing if a username is already taken online). After that, you can apply for a trademark with the government, and they make sure everything is okay before giving you the rights to your special mark.

Trademarks Around Us

Everywhere you look, you’ll see trademarks. From the sneakers you wear to the apps on your phone, they all have trademarks. Next time you're shopping or hanging out in your favorite app, see how many trademarks you can spot. It’s like a scavenger hunt in the real world!

Fun Fact About Trademarks!

Did you know that even some characters from movies and books are trademarked? That's right! Characters like Harry Potter and superheroes like Spider-Man are protected so that their stories and products stay original and fun.

What If Someone Uses a Trademark Without Permission?

If someone uses a trademark without permission, it’s called "infringement," and it can lead to big problems like lawsuits. That's why companies are very careful about protecting their trademarks and making sure nobody else uses them without a deal.

Conclusion

Trademarks are a fantastic part of how businesses keep their products unique and trustworthy. To find out more about trademarks, visit Wilson Whitaker Rynell and view the Trademark Legal News Blog .

They make sure that when you buy something, you get what you expect—no surprises! So next time you see a brand logo or hear a catchy slogan, remember that there’s a whole world of trademarks behind it, keeping things fair and fun. And who knows? Maybe one day, you'll create your own company with a trademark that everyone recognizes!

Ford’s Self-Repossessing Patent

Thu, 02 Mar 2023 21:24:49 GMT

Ford’s Self-Repossessing Patent

As the technology of autonomous and semi-autonomous vehicles continues to advance, it only takes one auto manufacturer to launch a system where that new ride sitting in your driveway can drive itself to the repo lot if you don’t make your payments.

Ford Motor Company could be the trailblazer for this futuristic feature as they have applied for a patent on a system that will allow vehicles to drive themselves to repo lots for late car payments. Other features of this system could include limiting functions of the vehicle (power seats, cruise control, A/C, etc.) and even locking the owner out of their vehicle.

Ford Global Technologies filed a patent application with the U.S. Trademark and Patent Office (USTPO) on August 20, 2021, which was published on February 23, 2023, for public review as part of the process.

Where'd My Car Go?

While the autonomous vehicles will drive themselves to the repo lot, the semi-autonomous vehicles may only drive a short distance to where they can be towed. If the vehicle's market value isn't worth the cost of the repossession, it could drive itself straight to the junkyard.

The other repo-related features of this system can act as warnings for people who don't have autonomous vehicles or for vehicles that are unable to drive itself away. The first to be deactivated will be the convenience features like A/C, power seats, cruise control, or the radio. Another method is playing an irritating sound through the stereo system. Then it goes on to limiting

Basically, Ford's repossession system could immobilize the vehicle and even lock the owner out.

The Why

Ford has applied for a patent because it will protect and prevent another company from using their invention. It also allows them to control of how to make, use, and sell their invention.

Do you have a valuable piece of property that needs a patent? The Dallas Patent Attorneys at Wilson Whitaker Rynell can help you get a patent on products, software, methods, and more.

Click here for Dallas Patent Attorneys .

The Supreme Court Vs. The Internet

Fri, 24 Feb 2023 21:16:51 GMT

The Supreme Court Vs. The Internet

What would happen to Google and the internet if YouTube and therefore Google were liable for the content posted by its users? The content in question are videos created by the terrorist group ISIS that YouTube algorithmically recommends to other users. On February 21 ^st there was a three-hour debate in the Supreme Court about whether YouTube should be held liable and sued over this issue.

Should the Court roll back a 27-year-old liability shield, it would allow all tech platforms to be sued over how they host and display user-generated content. This is being viewed as a pivotal case because it has the potential to affect our digital life.

The justices were hesitant to overturn or significantly narrow these legal protections, but the possibility remains, and it could reshape the internet we know.

In 1996, Section 230 of the Communications Decency Act was passed to foster and nurture the growth of the early internet. Congress created a special form of legal immunity so websites weren’t drowning in lawsuits before they had the chance to survive. Since then, online platforms have used Section 230 to stop user-generated lawsuits, arguing that they are not responsible for what gets posted on their site.

Given the increasing role of online platforms in the country’s political and economic affairs, policymakers have begun to question whether this shield should remain unchanged. Democrats argue that the law has given online platforms a way to turn a blind eye to hate speech and misinformation, which can have harmful effects om society. On the other hand, republicans argue that online platforms have used Section 230 to suppress conservative viewpoints and have called for the law to be changed to prevent this perceived bias.

Liability could also extend to individual users. If such a ruling were to occur, it could mean that any decision by an individual internet user to like, retweet, or share content could be considered a "recommendation" and could potentially trigger a viable lawsuit.

Overall, the Supreme Court's review of Section 230 could have significant implications for the future of the internet and the role of tech companies in moderating online content. It remains to be seen how the Court will ultimately rule and what impact its decision will have on the broader debate over online speech and expression.

Prenuptial Agreement In Texas

Thu, 23 Feb 2023 21:04:46 GMT

Dallas Prenuptial Agreement Attorney

A prenuptial agreement, commonly known as a “prenup”, is a legal agreement made between a couple before they tie the knot. Prenups outline how assets, debts, and property will be divided in the event of a divorce. Even though no one enters a marriage expecting to get a divorce, 15% of Americans who were married or engaged in 2022 reported that they signed a prenup, up from only 3% in 2010.

Important Reasons to get a Prenuptial Agreement

If you have children from a previous marriage. A prenup will protect your assets for the children of both marriages in the case of divorce or death .

You make significantly more money than your partner. A prenup will limit the amount of alimony you pay if the marriage ends. It also ensures that your partner is marrying you for love and not for your money.

You make significantly less money than your partner. A prenup doesn’t just protect the person with more money, it can be used to establish spousal support for the person with less money.

Protect one spouse from the other’s debt. If your spouse has a large amount of debt, it protects you from having to pay off those debts if the marriage ends and vice versa.

In the event that you and your spouse decide to get a divorce, having everything already laid out and agreed upon will limit the stress and that a divorce settlement can involve.

These are only a few examples of why a prenuptial agreement is important and beneficial to both parties. There are an infinite amount of reasons why you and/or your spouse would want to sign a prenup.

Do I Need a Lawyer for a Prenuptial?

While it is not required by law to have a lawyer when drafting a prenuptial agreement, it is highly encouraged to seek legal advice to ensure that your rights are protected and that the agreement is legally enforceable. An experienced Dallas family lawyer from Wilson Whitaker Rynell can help ensure that the prenup is fair and reasonable, meets the legal requirements, and adequately addresses all the issues that may come up in the event of a divorce.

Wilson Whitaker Rynell Intellectual Property Law FIrm

john@wlgpc.com (John Wilson) — Tue, 17 Jan 2023 19:33:38 GMT

Reputable Dallas intellectual property (IP) litigation law firm

Are you looking for a reputable intellectual property (IP) litigation firm to protect your patents, trademarks, and copyrights in court? Look no further than Wilson Whitaker Rynell .

Their team of experienced attorneys specialize in IP litigation and have the knowledge and resources to help you win your case. Wilson Whitaker Rynell offers a wide range of IP litigation services, including:

Patent litigation

Trademark litigation

Trade secret litigation

IP due diligence

At Wilson Whitaker Rynell, they understand the importance of protecting your intellectual property in in today's digital age. They use the latest strategies to ensure that your case receives maximum attention and protection that it deserves.

Their Dallas intellectual property lawyers stay up-to-date on the latest trends in intellectual property to protect your inventions. Don't wait any longer to protect your valuable IP assets. Trust the Dallas law experts at Wilson Whitaker Rynell to defend your rights and interests in and out of court.

Contact them today to schedule a consultation and learn more about their IP litigation services.

Wilson Whitaker Rynell

972-248-8080

info@wwrlegal.com

#IPLitigation

#PatentLitigation

#TrademarkLitigation

#CopyrightLitigation

#TradeSecretLitigation

#IPDueDiligence

Nickelodeon v. Rusty Krab

Mon, 20 Sep 2021 13:59:49 GMT

Nickelodeon's Parent Company Sues a SpongeBob SquarePants Parody Restaurant

Viacom filed a trademark and copyright infringement suit based on Pixi Universal's use of their SpongeBob SquarePants-related intellectual property.

Nickelodeon’s parent company, Viacom, has filed a trademark infringement lawsuit in Texas against restaurant owner PIXI for their SpongeBob SquarePants-themed pop-up bar.

Viacom states in their complaint:

“The Rusty Krab…infringes Viacom’s copyrights in the Works by using names, images, characters, and recreations of famous SpongeBob scenes throughout the restaurant and on the menu and marketing materials.”

"Pixi's conduct has caused — and unless enjoined by the court, will continue to cause — a likelihood of confusion and deception of members of the trade and public, and, additionally, injury to Viacom's goodwill and reputation as symbolized by the registered marks, for which Viacom has no adequate remedy at law."

If you are not familiar with the cartoon, SpongeBob lives in a pineapple under the sea, is porous, and works as a fry cook at a restaurant called the Krusty Krab, which is known for its Krabby Patties.

Viacom owns trademark registrations for KRUSTY KRAB, KRABBY PATTIES, SPONGEBOB SQUAREPANTS, along with and including other common law rights for the characters and recognizable aspects from the series, collectively known as the “SpongeBob Marks.”

Viacom is concerned the pop-up bar will cause consumers to believe the Rusty Krab Experience is associated with Nickelodeon and SpongeBob SquarePants, stating that “Pixi uses marks that are substantially indistinguishable from, or confusingly similar to, the SpongeBob Marks….”

Among other things, Viacom also included in their suit that visitors have complained about unsanitary conditions and unsafe food in the restaurant.

Pixi faces accusations of trademark infringement, unfair competition, copyright infringement, cybersquatting, and trademark dilution.

Counsel for PIXI Universal, LLC stated, “The Rusty Krab is a parody restaurant concept inspired by SpongeBob, giving it a new comedic purpose within the context of a restaurant. While Intellectual property law is complex, it is not a “secret formula.” Per U.S. copyright and trademark law, parody squarely fits into the fair use doctrine, which provides for the legal, unlicensed use of copyrighted material.”

All information and summaries are intended as informational only regarding legal trends and news. Nothing should be taken as legal advice or legal opinion and readers should seek out advice from legal counsel prior to acting on information provided by this blog.

IP & The Advent of Smart Agriculture

Tue, 10 Aug 2021 15:59:37 GMT

THE INTERNET OF THINGS & THE ADVENT OF SMART AGRICULTURE

In 1999 Kevin Ashton, then brand manager at Procter and Gamble, gave an in-house presentation introducing RFID tags for supply chain management. It was during this presentation that Ashton coined the term “internet of things (IoT).” In simplified terms, the internet of things is the use of physical devices for the relay and collection of data over a network, such as the internet. Though coined in 1999, the internet of things really came to fruition in 2008 and 2009.

Recent developments in the IoT have been driving forces behind cheaper and increased production in agriculture. Over time, the IoT in agriculture has helped farmers decrease costs and increase crop yields thanks to the application of farming techniques based on automated system feedback. Industrial IoT in agriculture, also known as smart agriculture, provides various technologies, like sensors capable of supplying growers with real-time data, such as water and nutrient levels and growth rates. These sensors can collect such data and pass it through analytical tools for transformation into meaningful information, allowing growers to quickly make corrective actions and reduce crop loss.

GROWTH AND COMPONENTS OF SMART AGRICULTURE

A recent report projects the smart agriculture market will grow at a CAGR of 15.2% over the next 6 years to reach $32.75 billion by 2027. This growth is expected to mostly be driven by an influx and implementation of new technologies, including soil scanning, automatic watering, and temperature sensors. However, potential hindrances may include data privacy and security, lack of technically skilled growers, and the lack of standardization in the smart agriculture industry.

Smart agriculture can be segmented into component (hardware and software), application (smart greenhouses and irrigation), and geography. This past year, the component segment commanded the largest share of smart agriculture thanks to a growing demand for automating agricultural processes and expansive innovation offered by start-ups.

One example of smart agriculture embraced by growers across the spectrum is hydroponics, wherein plants are grown in a nutrient solution rather than soil. Some key components in hydroponic plant support systems include HVAC systems, LED grow lights, communication technology, tanks, and various control systems.

With hydroponics, growers can maintain optimal nutrient levels in the liquid solution for more efficient crop growth. Some of the key nutrients include nitrogen, potassium, sulphur, calcium, phosphorous, and magnesium, all fed to crops hydroponically or aeroponically in mutual ratios of anions and cations. These nutrient concentrations are often crop-specific, including leaf lettuce, tomatoes, and peppers.

The two largest shareholders in the above hydroponics market are LED grow lights and HVAC systems, with LED grow lights projected to be the fastest growing segment in the hydroponic systems market. LED lights are optimized to ensure maximal plant absorption through photosynthetic active radiation measurement of the usable amount of light (photons) delivered to different plants. Using these measurements, LED lights are designed to emit optimal wavelengths of light and omit wavelengths that will not be absorbed by plants. This balance of wavelength emission is often the reason one sees a purple-ish light in hydroponic farms and why greenhouses include green glass framing.

WHAT WE CAN EXPECT FROM SMART AGIRCULTURE

Hydroponics offers numerous benefits including higher yields, less water consumption, a decrease in the average area needed per plant over conventional soil growth, and the elimination of need for herbicides and pesticides. On the flip side, growers might also face increased initial investments over traditional farming, higher energy costs, and the need for more technical skills.

All that being said, the hydroponics market is projected to reach $17.9 billion by 2026, largely fueled by the increased demand for cannabis, itself expected to grow with a CAGR of 22.4% between 2018 and 2025.

Increased interest in smart agriculture and hydroponics is attracting a broad array of investors, both international and domestic. While China and foreign companies currently lead the pack, domestic US corporations are beginning to follow suit. Some of the well-known international investors are Panasonic, LG Electronics and Ikea, while here in the US companies like Goldman Sachs, Microsoft, and Target are backing smart agriculture ventures and expressing further interest in the “future of farming.”

INTELECTUAL PROPERTY AND SMART AGIRCULTURE

With a rise in new technology often comes an inevitable patent frenzy. Asian countries dominate the top ten filing jurisdictions for farming and gardening solutions, with the US settling in at the fourth largest filing jurisdiction. Some suggest the US is lagging in its patent filings relative to its Asian counterparts due to regional technology firm investment and a higher driven innovation for smart agriculture in regions with less water resources and higher populations.

Unfortunately, technological growth brings both beneficial competition and inevitable disputes. On April 8, 2021, the ITC issued a Notice of Investigation in Certain LED Landscape Lighting Devices and Components Thereof (Inv. No. 337-TA-1261). The investigation stemmed from Wangs Alliance Corporation’s d/b/a WAC Lighting of Port Washington, New York (“WAC”) March 8, 2021 complaint against numerous respondents for the unlawful importation and/or sale in the US of certain LED landscaping lighting devices and components that infringe one or more claims of U.S. Patent Nos. 10,571,101 and 10,920,971.

Child Custody Evaluations and What to Expect

Tue, 10 Aug 2021 15:58:58 GMT

Child Custody Evaluation: What you can expect and what every parent needs to know.

Presenting yourself as a reasonable, articulate, and flexible parent is essential to the success of the evaluation. Pay attention to directions and deadlines. If at all possible, avoid mentioning your ex in a negative light, especially, and most importantly, in front of your children.

A child custody evaluation can be a stressful and intimidating process to go through. Just like any other tasks in life, preparation is key. While it is important to be yourself, knowing what to anticipate, what the Evaluator is looking for, and how they are going to communicate all the information to a judge can help alleviate those nerves.

Child Custody Evaluation :

An evaluation process that may be ordered by a court or agreed to by the parties in a case in which the conservatorship (custody), possession, and access to a child, or any other issue affecting the best interest of a child, are contested. Evaluations carry a great deal of weight with the Court, so much so that a custody case can be won or lost based on the recommendations of the evaluation.

Interviews :

Interviews are typically as follows:

You, by yourself;
Your child (as age allows – typically, age four or older) by themselves;
You and your child together;
Anyone who resides in the home with the child (significant others, stepsiblings, roommates, grandparents, etc.).

Included amongst those questions will be what your goal is with regard to conservatorship and possession and access. You must be able to prove and have a solid plan for how you are going to accomplish this during your parenting time. Consider how you will provide for your child financially, emotionally, mentally, and even medically.

Be sure to know your child’s medical, educational, and emotional history and needs and how you can provide a stable and consistent environment. It’s not only about your relationship with your child, but how you are going to be able to provide for their needs.

Further, the questions may also ask about your relationship with the other parent is. Answer honestly but avoid bashing the other parent.

References : Consider people who you would be your support system.

You will need to provide the Evaluator a list of people who can speak to your role as a parent. It is recommended that you include both family and non-family members who have different perspectives of you as a parent. People like teachers, neighbors, family friends and even co-workers can provide insight on how you and your child interact in various settings.

Things to Avoid:

Disparaging remarks of the other parent;
Mixing up marital concerns with parenting concerns. A bad spouse does not always make a bad parent;
Unreliable references;
No plan for the in-home observation portion of the evaluation; and
A messy and untidy home.

For more information on Child Custody and Access click to read more at Wilson Legal Group P.C. ' s firm page.

Reviewing the Supreme Court’s October 2020 Term

Tue, 10 Aug 2021 15:58:45 GMT

Reviewing the Supreme Court's October 2020 Term

The Supreme Court wrapped their October 2020 term earlier this month which were all heard via teleconference.

Copyright Infringement, Jehovah's Witnesses, and Legos

Tue, 10 Aug 2021 15:53:45 GMT

Copyright Infringement, Jehovah's Witnesses, and Legos

Free speech and the fair-use doctrine are used as a defense for the creator of a YouTube channel that features Lego stop-motion videos of a fictitious Jehovah's Witness town poking fun of the religion.

August 9, 2021

Watch Tower Bible and Tract Society is the supervising body and primary publisher formed by and for the Jehovah's Witnesses religious group. Since 2018, they have been attempting to obtain the identity of the person who is creating Lego stop-motion videos featuring a fictitious Jehovah's Witness town – DubTown – which pokes fun of the religion.

In 2018, Watch Tower's attorney filed a Digital Millennium Copyright Act (DMCA) Subpoena requesting YouTube/Google identify the user known as "kevin McFree" based on claims of copyright infringement. Watch Tower is attempting to learn McFree's real name, address, telephone number, and other personal information.

McFree cites free speech and the fair-use defense .

"kevin McFree" is the presumed pseudonym to the content creator of the YouTube video series. According to the channel's description, "this channel is not intended for children, but rather seeks to provide some light-hearted humor for adults who finally see the high control group known as Jehovah's Witnesses for what they are!" He continues, "Content on this channel is primarily EX-JW Stop motion animation stories set in a fictional Jehovah's Witness town known as DubTown."

The specific video in the subpoena included excerpts of footage of then-unpublished and leaked Jehovah's Witness videos within the stop-motion animation. YouTube ultimately ended up removing the video, but McFree challenged the DMCA claiming fair use doctrine. The matter is still unresolved three years later, and Watch Tower has now filed an all-out copyright infringement lawsuit.

McFree acquired legal representation courtesy of the Electronic Frontier Foundation (EFF), who represented him Pro Bono, and sought to quash the DMCA subpoena. As of yet, the motion to quash is still pending after a Judge issued an order allowing McFree the opportunity to do so nearly two years later. Given that the motion to quash is still pending, YouTube is not releasing any information concerning McFree. Additionally, the Clerk of the Court will not issue a summons in the name of kevin McFree (because it's not his real name), insisting it will only issue a summons after the Defendant's real name is identified:

"Plaintiff believes it has strong grounds to request the Court allow service on Defendant via email and would like to file a motion therefor. However, even if the Court grants a motion to allow service via email because the Clerk will not issue a summons in the name of John Doe or in the fictitious name 'kevin McFree,' Plaintiff will have no summons to serve."

Watch Tower has attempted to seek advice from the Court on how to proceed; however, the Judge determined that it wasn't "her place" to issue guidance and denied the request for seeking a conference with all the parties involved.

In what typically takes days to resolve has taken more than three years and counting.

Watch Tower is no stranger to taking legal action against those alleged to have breached its intellectual property rights. Similarly, in 2020 Watch Tower attempted to gain the identity of a Reddit user, Darkspliver, by also filing a DMCA subpoena to the platform. In this case, a Judge granted a motion to quash the subpoena, and the identity of Darkspliver was never disclosed. Additionally, the ruling signaled that Reddit posts are protected by the First Amendment, no matter where the user is because Reddit is a US-based company with a U.S. audience.

"DIY" Legal Services for Divorce via Hello Divorce

Tue, 10 Aug 2021 15:53:14 GMT

"DIY" Legal Services via Hello Divorce

A legal assistance platform aiming to make the divorce process accessible, and affordable, to the average person.

August 9, 2021

We all know divorce takes its toll on couples as they go through the steps necessary to part ways. The cost associated with the legal process is overwhelming, so a California-based company created a platform to help individuals who are experiencing stress due to a financial strain while getting a divorce. Their vision was to make it as easy as possible for these individuals.

The number of divorces in the U.S. average around 750,000 each year, and the cost associated can range from $8,400 to $17,500 depending on the state you reside in. Hello Divorce has been funded by companies such as CEAS, Lightbank, Northwestern Mutual Future Ventures, Gaingels, and people like Jack Newton, the CEO of Clio, Lisa Stone from WRG, and Ed Diab of Equity ESQ to lighten that cost for couples trying to separate.

The company was started by family law attorney, Erin Levine, in 2018. She had decided that couples needed a more affordable and meaningful way to seek legal counsel and get access to the forms required. In addition, this method would allow the individuals to experience a less stressful way to become more informed and gain control of their divorce process.

Levine wanted to prevent people from refraining from divorce for the simple fact of finances. Most people who go through the divorce process are not able to access legal counsel, and that is something she wanted to change. Hello divorce has services available in four states as of now- California, Colorado, Texas, and Utah with success rates of 95% after starting the process through the created platform.

Ransomware and the DarkSide Cyber Attack

Thu, 24 Jun 2021 14:00:09 GMT

Colonial Pipeline, Ransomware & the DarkSide

DarkSide has a professional site where there are job postings with benefits and maintain they don’t hit sensitive targets like schools or hospitals, check the victims’ books before hitting them to ensure they can afford the ransom.

In 2019 ransomware attacks potentially grabbed at least $7.5 billion from victims in the US alone, according to Emsisoft . The average ransom can be anywhere from $200,000 to $2 million.

On May 7 ^th , the largest pipeline system for refined oil products known as The Colonial took many of its systems offline as the result of being the latest victim of a ransomware attack brought on by the Russian hacker group known as DarkSide. The hackers stole almost 100GB of data from the pipeline operator before locking its computer network down, leading Colonial to take its operational network offline out of what it said was an abundance of caution.

The pipeline transports almost 45% of all fuel consumed by the east coast and had to be shut down leading to gas shortages starting to intensify throughout the Southeast.

Cutting across the Southeast with distribution terminals along the way, for states like North and South Carolina, Alabama, Georgia etc., the pipeline is their primary source of fuel. Installations including Atlanta’s Hartsfield-Jackson Airport and various military bases throughout the east coast were impacted by the shutdown.

After a six-day outage, Colonial ultimately paid the hackers $4.4 million in Bitcoin for a key to unlock its files. “I will admit that I wasn’t comfortable seeing money go out the door to people like this,” CEO Joseph Blount told The Wall Street Journal.

Ransomware is a form of malware in which hackers gain access into computer systems, encrypt victims’ files, and demand money to restore the data. The Colonial Pipeline hack was not the first significant breach the US has seen but is the largest cyberattack on an energy infrastructure. Last year was an especially vulnerable time for computer systems: schools, hospitals, governments, and private companies had their data encrypted and held for ransom for millions of dollars. Hospitals, in particular, were particularly targeted and ultimately had to pay in order to get lifesaving information, such as drug dosage and medical history.

Launched August 2020, DarkSide maintains a data leak site on the dark web listing victims, size of the hack/haul, documents, and information it collected during a breach. In a “press release” on their website posted when they initially launched, DarkSide pledged they would not target hospitals, hospices, schools, universities, non-profit organizations, or the government sector.

Digital Shadows , a cyber security service based in San Francisco, says DarkSide is unique due to its careful selection of targets, custom ransomware, and “quasi-corporate communication throughout attacks.”

There is a professional air to DarkSide as it has employees, costs, profits, and even customer support. Their product is the malware/hacking tools, a “ransomware-as-a-service” model, used during the ransomware and aim is to attack targets that are actually able to pay claiming “before any attack, we carefully analyze your accountancy and determine how much you can pay based on your net income.”

DarkSide h ackers have also been known to donate money to charities, posting receipt for $10,000 worth in Bitcoin to Children International and The Water Project through the US based service “The Giving Block” which accepts cryptocurrency donations.

President Joe Biden signed an executive order to strengthen cybersecurity defenses and create an outline for a federal response to cyberattacks. DarkSide said it was shutting down after servers and bitcoin stash had been seized and amid “pressure from the U.S.” Historically, ransomware crews have often disbanded to avoid scrutiny and then re-formed under new names, or their members have launched or joined other groups.

Disney's IP Licensing and Trademark Infringement

Thu, 24 Jun 2021 13:49:26 GMT

Disney’s IP and Trademark Infringement

Can Disney’s intellectual property be used and/or licensed for personal use?

It is no secret that Disney takes infringement upon their trademark exceptionally seriously. Disney has registered copyrights and trademarks to protect their beloved fictional characters, as well as their brand name. In order to use any kind of representation of a Disney character, one must request permission from Disney Enterprises, Inc. Due to the capacity of Disney and its characters, Disney Enterprise has branched off into multiple entities to cover different areas of Disney’s copyrights and trademarks.

To find a list of which characters are controlled by which entity, you can visit the Disney website. Information on requesting permission to use the characters can be found in the same location on the website. Keep in mind, though, if you have any plans of using the characters or names in any way for long-term use, you may be required to obtain a licensing agreement. The agreement will include fees for using the characters. Also, it needs to be noted, Disney can decline all requests for permission of use.

What is included in Disney’s intellectual property?

Not to be forgotten is Disney’s Anti- Piracy Clause. This clause states Disney owns all intellectual property rights to the characters, brands, titles, and properties popularly associated with the Disney name and any of Disney’s affiliates. This clause also includes titles, television programs, feature-length motion pictures, animated productions, music, and games. Disney has created these policies in order to provide quality entertainment that measures the expectations of its customers and prevents their brand from becoming diluted.

For more information on Child Custody and Access click to read more at Wilson Legal Group P.C. ' s firm page.

Epic Games v. Apple

Wed, 26 May 2021 18:39:14 GMT

Epic Games v. Apple

Epic claims that Apple is using control over its operating system and services to hold back competition, creating a monopoly on their App Store. The outcome of this case could lead to industry-wide changes for how users buy apps and make in-app purchases on their devices.

The court battle between Epic Games and Apple started April 3 ^rd , and the results could mean big changes in the market for apps on mobile devises.

Here are the facts:

1. The lawsuit began in 2020 when Apple dropped the massively popular “Fortnite" game from its App Store after the game's developer, Epic Games, created a direct payment plan that bypassed Apple's platform. Apple said the service violated its guidelines.

2. Epic wants to give Apple less of a cut from their revenues and offer subscriptions, purchases, and customer support to their players without having to go through Apple.

Apple takes a 30% cut from in-app revenue purchases, which has long been a contentious issue with developers.

When Epic Games updated Fortnite across all platforms, they reduced the price of purchasing in-game currency by 20% if bought through Epic directly.

3. Epic lawyers are arguing that the Apple’s App Store policies are monopolistic and was not suing Apple for financial gain, rather to reform Apple’s “walled garden” for app developers.

4. Apple lawyers argued that by managing what is allowed on Apple devices safeguards “privacy and liability, security and quality” for users. Stating that Fortnite is available on other platforms and should not be seen as a monopoly.

5. Documents containing confidential information collected by both parties were meant to be sealed but were uploaded into public online court records. Some of these documents included a yet unannounced game streaming service planned by Walmart named Project Storm. Mark Rein, vice president of Epic games, played the demo and said “ the experience felt like playing on PS4 and superior to playing on Android or iOS. They also moved it over to a laptop in real time…it was more comfortable than playing on a Nintendo Switch.” Also reveal was the fact that Fortnite made over $9 billion in its first two years of release! Yes, BILLION!

At the heart of the dispute is 30% fee Apple charges app developers on purchases made directly inside apps and games. Epic alleges that Apple is using control over its operating system and services to hold back competition and creating a monopoly on their App Store. The outcome of this case could lead to industry-wide changes for how users buy apps and make in-app purchases on their devices.

NFTs: A Form of Digital Currency

Wed, 26 May 2021 18:33:27 GMT

NFTs: A Form of Digital Currency

Anyone can buy a Vincent van Gogh print, however only one person can own the original.

A NFT is a non-fungible token that is a unit of data stored on a digital ledger, called a blockchain, that certifies a digital asset to be unique and, subsequently, not interchangeable. NFTs can be used to represent items such as photos, videos, music, and other types of digital files.

In a nutshell, you are buying an online version of a product and it says you own it, but you do not own the real thing. To put it in terms of physical art collecting: anyone can buy a Vincent van Gogh print, however only one person can own the original.

NFTs are designed to give you something unique and that cannot be duplicated, are considered to be a form of digital investing, and is thought of as an "asset" as opposed to a currency.

The Internet of Things & The Advent of Smart Agriculture

Thu, 06 May 2021 16:08:40 GMT

The Internet of Things & The Advent of Smart Agriculture

Increased interest in smart agriculture and hydroponics is attracting a broad array of investors, both international and domestic and recent report projects the smart agriculture market will grow to reach $32.75 billion by 2027.

Recent developments in the IoT have been driving forces behind cheaper and increased production in agriculture. Over time, the IoT in agriculture has helped farmers decrease costs and increase crop yields thanks to the application of farming techniques based on automated system feedback. Industrial IoT in agriculture, also known as smart agriculture, provides various technologies, like sensors capable of supplying growers with real-time data, water and nutrient levels or growth rates. These sensors can collect such data and pass it through analytical tools for transformation into meaningful information, allowing growers to quickly make corrective actions and reduce crop loss.

GROWTH AND COMPONENTS OF SMART AGRICULTURE

WHAT WE CAN EXPECT FROM SMART AGIRCULTURE

INTELECTUAL PROPERTY AND SMART AGIRCULTURE

Wilson Legal Group has experience with Trademark Registration , Infringement , and Protection . Visit Wilson Legal Group to read more or call for a free consultation .

Apple & All that Jazz

Fri, 30 Apr 2021 15:26:19 GMT

Apple & All That Jazz

Apple overcame a trademark opposition thanks, in part, to the Beatles.

Apple Corps was set up by the Beatles in 1968 and is still owned by Paul McCartney, Ringo Starr, and the widows of John Lennon and George Harrison.

Earlier this month, the US Trademark Trial and Appeal Board found in favor of Apple Inc. in a trademark battle between them and an American jazz musician, Charles Bertini. The Section 2(d) opposition to registration of APPLE MUSIC for various entertainment-related services was dismissed.

Apple won the case, in part, thanks to the Beatles.

Here is how the Beatles come to play:

Apple Corps is owed by the Beatles and founded in 1978. Apple Corps and Apple Computer (now Apple Inc.) have a long history of trademark disputes but eventually settled in 2007. Terms of the settlement included that Apple Inc. would buy all the trademarks, reportedly for $500 million, belonging to Apple Corps and then license them back to the Beatle’s company.

Wilson Legal Group has experience with Trademark Registration , Infringement , and Protection . Visit Wilson Legal Group to read more or call for a free consultation .

Emoji Use in Workplace Communication

Fri, 16 Apr 2021 15:17:51 GMT

Emoji Use in Workplace Communication ��

Emojis: content; a symbolic representation of emotions. Can express emotion, irony, or humor and can be used to express what could commonly be done by body language or tone.

Symbols have been used as a form of communication all the way back to cave drawings. In this ever-changing digital landscape, the Emoji has gained its place in our language and has changed the way we communicate. A single icon, or combination of ones, can communicate complete sentences and sentiments. Understanding and interpreting Emoji if often subjective and can even depend on the mood of the reader.

Presently, Courts are drawing legal conclusions from Emoji and examining legal liabilities of Emoji in workplace communications. Inappropriate use of Emoji in workplace communication can create legal liabilities that have human resources and legal departments keen on drafting policies that include the use of the symbols. According to Matt Mahon’s article, “Emoji in eDiscovery: Do You Get My Meaning?” an “emoji can be highly relevant in both criminal and civil matters, and as an internal matter their misuse can be the catalyst for not only disciplinary action including dismissal, but litigation.”

A misinterpretation, or even an intentional means, of showing irony can develop into a legal liability in the workplace similar to how an innocent comment can change into a nefarious one with a single Emoji.

To illustrate, take these two responses to a hypothetical situation in which an employee is accused of a fireable offense:

With the emojis alone, one can interpret the text as being insincere and can hypothesize that the writers may already have a predisposition to not investigate thoroughly.

A case can be made solely based on the use of emojis used in communication and can be won or lost on its assumed meaning. Being aware of potential risk is the first step in mitigating unfavorable outcomes.

As a reminder, once you send it (text, email, or equivalent), it is official…and can be admissible in court.

The Supreme Court, Trump, and Twitter

Fri, 16 Apr 2021 15:17:49 GMT

The Supreme Court, Trump, and Twitter

The issue at hand was whether a government actor violated the First Amendment by blocking another Twitter user.

The supreme court dismissed a federal appeals court decision that former President Trump violated the Constitution by blocking his critics on Twitter. The justices vacated the decision and remanded it back to the US Court of Appeals for the Second Circuit with instructions to dismiss the case as moot.

The Second Circuit held that the comment threads were a “public forum,” and that then-President Trump violated the First Amendment by using his control of the Twitter account to block the plaintiffs from accessing the comment threads.

In Justice Clarence Thomas’s concurrence (the reason as the basis for his decision), he stated that the Appeals Court maintained that the Twitter threads were a “public forum” and that former President Trump violated the First Amendment by “using his control of the Twitter account to block the plaintiffs from accessing the comment threads… but Mr. Trump, it turned out, had only limited control of the account; Twitter has permanently removed the account from the platform.”

Justice Thomas highlights the difficulty that comprise digital platforms and the complexity of applying old doctrines to the digital platforms. He agrees that there is reason to take the former President’s Twitter account into consideration as a public forum, but, in the same breath, “it seems rather odd to say that something is a government forum when a private company has unrestricted authority to do away with it.”

“Today’s digital platforms provide avenues for historically unprecedented amounts of speech, including speech by government actors. Also unprecedented, however, is the concentrated control of so much speech in the hands of a few private parties. We will soon have no choice but to address how our legal doctrines apply to highly concentrated, privately owned information infrastructure such as digital platforms.”

Justice Thomas brought to light that a public forum is “property that the State has opened for expressive activity by part or all of the public” and as “government-controlled spaces.” Trump had 89 million followers and often used it to speak in his official capacity.

Whatever may be said about politics, if the lawsuit was brought on due to the fear that then-President Trump restricted speech by using the features that Twitter made available to him, and the goal was to ensure that speech is not oppressed, the more obvious concern must be the digital platforms itself, as Twitter’s policy makes clear that they can remove any person from its platform “at any time for no reason.”

House for Sale: Not Haunted

Fri, 16 Apr 2021 15:17:47 GMT

House for Sale: Not Haunted

Texas law required a Seller’s Disclosure Notice of the condition of the property. Items include any defects, items in need of repair, flood zones…etc. Absent from the list is if the home is possibly haunted.

Does a Real Estate Agent have to disclose if a house is haunted?

Short Answer: No.

Here’s Why:

Only four states, New York, New Jersey, Massachusetts and Minnesota, mention paranormal activity in its real estate disclosure laws:

In New York, a seller must disclose if a home has a reputation for being haunted.

In New Jersey, a seller must answer truthfully if a buyer asks if a property has had any paranormal reports.

On the Other Hand, Minnesota and Massachusetts have statutes advising sellers not to disclose to prospective homeowners any paranormal or supernatural activity because it may cause “stigma” or “psychological impact.”

Nine states have laws around the disclosure of a death on the property:

In California, sellers must disclose a death on the property within 3 years.

In Alaska, a death within one year must be disclosed.

In South Dakota, sellers must disclose a homicide on the property.

In Connecticut, Delaware, Georgia, New Hampshire, New Jersey and South Carolina, sellers must disclose a death on the property only if asked.

So, if you spook easily, best to do some research on a property before signing on the line!

NIKE, INC,. Plaintiff , v. MSCHF PRODUCT STUDIO, INC., Defendant

Thu, 01 Apr 2021 20:11:18 GMT

Nike Inc. v. MSCHF: A Trademark Suit of Biblical Proportions

Nike is suing a third party streetwear brand for trademark infringement for their release of "Satan Shoes" in collaboration with Lil Nas X.

In this instance quantity is the issue. It was not just one or two pairs of shoes that someone modified and were resold, it was hundreds of shoes that were sold, (666, remember). It was an organized, sophisticated, mass production of goods being sold to the point that people thought Nike was involved.

Associating “bloody shoes” with Cardi B may be a thing of the past now that Lil Nas X partnered with a third party streatwear brand company, MSCHF (pronounced “Mischief”), to promote his “Satan Shoes” which are modified Nike sneakers containing a drop of human blood.

After announcing his partnership in releasing the limited edition shoes, correlating with the release of his latest single, Montero (Call Me By Your Name) music video, it stands to reason that Nike didn’t like the negative attention and public backlash associated from the “Satan Shoes.” Calls for boycotting the brand were quick and harsh.

Initially only making a statement that they had nothing to do with the shoes, Nike is now suing MSCHF for trademark infringement. The matter brings to light trademark issues and the fine line between artistic expression and infringements of ones brands.

The shoes in question are modified black and red Nike Air Max 97 sneakers that include a bronze pentagram charm and a drop of human blood in the mid-sole from a staff member of MSCHF. To add to the satanic theme, only 666 pairs were made available, and the price, $1,018, correlates to the Bible verse Luke 10:18, “I saw Satan fall like lightning from heaven,” also referenced on the shoe itself.

The company also released a pair of custom-made "Jesus Shoes" in 2019 filled with Holy water drawn from the River Jordan and an adornment of a crucifix to far less fanfare.

Publicity for the shoes and third-party company has skyrocketed and the shoes sold out in under a minute. MSCHF is known for their “drops” of satirical and avant-garde art projects. Recent drops from the collective have included:

ripping apart Hermes Birkin bags to create sandals (which were priced between $34,000 and $76,000);
buying 2024 Presidential Campaign URLS for possible candidates, offering shares to the public, and once they sell, offering a cut of the shares once they are sold. URLs/Candidates offered included Kanye West, Mike Pence, Oprah, and Meghan Markle; and
a mashup of iconic scents: Chanel No. 5 and Axe body spray, perfectly named Axe No 5.

In their lawsuit Nike asserts that ”as an innovative brand that strives to push the envelope and do the right thing, Nike knows it may not please everyone all of the time. But decisions about what products to put the SWOOSH on belong to Nike, not to third parties like MSCHF.”

Nike is requesting that the court “immediately and permanently stop MSCHF from fulfilling all orders for its unauthorized Satan Shoes,” and that “using the Nike [trademarks] and/or confusingly similar marks in a manner that is likely to cause consumers and potential customers to believe that MSCHF’s Satan Shoes are associated with Nike, when they are not.”

Legal Matters at Hand:

For MSCHF’s defense:

First-Sale Doctrine:

First-sale doctrine is a legal concept in which a purchaser of a copyrighted work can treat that copy they bought in any way they desire as long as the copyright owner’s exclusive rights are not infringed. The copy can be rented, given away, sold, or destroyed. Essentially, once you buy something, you can do what ever you want to it, and MSCFS previous drops have done this, specifically with the destruction and repurposing of Birkin Bags.

Material Alteration of Mark:

The alterations that include the bronze pentagram, bible verse, new sock liner, and drop of blood alter the overall appearance of the shoe. These alterations are likely going to influence the purchasing decisions of the consumer. Even at it is alter state, the show is still recognizable as a Nike brand shoe.

Parody:

Under the fair use doctrine, MSCHF can use the defense that their customized shoes were for the purposes of “a humorous form of social commentary and criticism in which one work imitates another.” Judges typically evaluate fair use claims on a case-by-case basis and by the unique circumstances of each.

In Nike’s Defense:

Trademark Infringement:

Trademarks are a company’s signature and depend upon the trust and good faith people place in them. Few things are as recognizable as the Nike “swoosh,” and Nike “word mark.” Nike is stating that the shoes may “cause confusion and dilution and create an erroneous association between MSCHF’s products and Nike," adding that only Nike has the right to decide "what products to put the 'swoosh' on." Having the association with the “Satan Shoes” is diluting and tarnishing the brand’s value.

Dilution of Tarnishment:

Passed in 1996, the Federal Trademark Dilution Act (FTDA ), “creates a federal cause of action to protect famous marks from unauthorized use; to prevent others from trading upon the goodwill and established renown of such marks; and to prevent dilution of the distinctive quality of such marks.”

The intention of the FTDA is to prevent actual dilution and likely dilution.

The owner of a recognizable mark is entitled to an injunction against anyone who uses a mark or trade name in commerce that is likely to cause dilution of the famous mark – “regardless of the presence or absence of actual or likely confusion, of competition, or of actual economic injury.”

In this case, it is obvious how Dilution of tarnishment can be applied: Consumers were under the impression that Nike was behind the manufacturing and endorsement of the “Satan Shoes.” Due to this confusion, calls for boycott and consumer backlash were immediate.

Now, I know what you are thinking, people customize shoes all the time and resell them, including Nike sneakers. However, in this instance quantity is the issue. It was not just one or two pairs of shoes that someone modified and resold, it was hundreds of shoes that were sold, (666, remember). It was an organized, sophisticated, mass production of goods being sold to the point that people thought Nike was involved. Any average consumer that was not a “sneakerhead” would have been under the impression that Nike endorsed and manufactured the shoes.

As of April 1 ^st , the court granted Nike’s request for a temporary restraining order which blocks MSCHF from fulfilling any of the orders of the sneakers. While it is only a temporary remedy to Nike's suit, judge's typically grant them when there is a likelihood of winning during a hearing. Either way, MSCHF is getting so much publicity from all of the controversy, it is sure to continue to produce their drops like nothing happened, and as they say, there is no such thing as bad publicity.

Notable Women Inventors

Fri, 12 Mar 2021 19:49:19 GMT

Notable Women Inventors

These ten women are responsible for some of the most innovative patents and inventions and are pioneers everyone should know.

March 11, 2021

Prior to 1790, only men could author a patent. The Patent Act of 1790 opened the door for any male or female to protect his or her invention with a patent. In honor of Women’s History Month, we would like to highlight some notable women inventors. These groundbreaking women were responsible for some historical and innovative patents and inventions.

Promoted as “the world’s most beautiful women,” Hedy Lamarr (also known as Hedy Kiesler Markey) was both a move star and inventor. Her most notable invention was an early version of frequency-hopping spread spectrum communication for torpedo guidance, also know as the basis for all modern wireless communications and is still in widespread use today.

Judy W. Reed is believed to be one of the first known African American women to receive a US patent for her invention of a “Dough Kneader and Roller” which was granted September 1884. Apart from the patent registration, little is known about Reed and she signed her patent with an “X.” Due to women using initials when signing documents in an effort to conceal their gender, along with not having to disclose their race for patent registrations, it is possible that there could have been earlier African American women to be granted patents, but it is simply unknown.

Sarah Goode is also considered to be one of the first African American women to receive a US patent. In 1885 she applied for a patent for a folding bed that collapsed into a functional roll top desk when it was not folded which would become the predecessor to the Murphy Bed. It was a cabinet bed which folded into a roll-top desk that had sections for writing supplies and stationery.

Harriet Morrison Irwin was the first American woman to patent an architectural design, the structure she created in 1869 was a hexagonal house. Irwin had no formal training in architecture. She and her husband built at least one version of the home design in Charlotte, North Carolina.

Marie Van Brittan Brown invented the home security system along with her husband Albert Brown, in 1966 and was granted a patent in 1969. She is also credited with laying the foundation for later security systems that make use of its features such as video monitoring, remote-controlled door locks, push-button alarm triggers, instant messaging to security providers and police, as well as two-way voice communication.

Sarah Breedlove /Madam C. J. Walker was the first female self-made millionaire in the United States. She developed her own line of hair care products specifically designed for African American hair and branded them under the identity as Madam C. J. Walker. She also set up a college to train "hair culturists," which created new employment opportunities for thousands of African American women. While she, herself, did not patent the products inventions herself, Walker’s company was the holder of several.

Sarah Boone inventing the ironing board the purpose of her invention was “to produce a cheap, simple, convenient and highly effective device, particularly adapted to be used in ironing the sleeves and bodies of ladies’ garments.”

Juliette Gordon Low founded the Girl Scouts organization and was an inventor with two patents, receiving a utility patent for a liquid container to use in trash cans and a design patent for a badge shaped like a "Trefoil" that symbolized the three parts to the Girl Scout Promise.

At Wilson Legal Group PC , our litigation lawyers have years of experience and are ready to handle your legal disputes. For more information on Patents please click the link.

Prenuptial Agreements: Protecting Your Business and Assets

Thu, 04 Feb 2021 16:55:46 GMT

Prenuptial Agreements: Protecting your business and assets

A solid prenup should address any issues that would ever come up during a legal separation or divorce and must be specific to the state in which the marriage occurred.

Prenuptial Agreements and Businesses

The most common protection for a business is a prenuptial agreement.

it is important that one’s business is protected if the marriage falls apart. Not only could a lengthy and turbulent divorce cause damage to your business, but also to your partners, co-owners, and all your employees. In fact, in some partnership and operating agreements unmarried shareholders are required to have a prenuptial agreement.

Depending on the state, community property laws and other rules allow a spouse to claim half or more of any value that has appreciated in a business since marriage.

Community property states include Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Texas, Washington, and Wisconsin. In these states, all the marital assets are jointly owned and therefore, must be split during a divorce. These assets include real estate, personal property, savings, retirement accounts, and debts acquired during the marriage. In many instances a valid prenup can overrule community property law.

Prenuptial Agreements In General

An enforceable prenup should address any issues that would ever come up during a legal separation or divorce and must be specific to the state in which the marriage occurred.

There are various reasons for a prenup to be revoked and certain clauses weaken a prenup. Here are examples of what may make a prenup unenforceable:

One spouse did not sign the original document voluntary, or with full knowledge and understanding of the agreement;

not having independent counsel for each person signing;

not having an appropriate amount of time to review the agreement before marriage;

having unusual or outrageous request that favor one side; and

vague language.

When drafting a prenuptial agreement, it is important to consider that making promises within the agreement and failing to complete or follow through with those promises, may be interpreted as fraud because it could look like a coercion tactic to get the other party to sign the prenup.

We recommend couples from all backgrounds – and budgets – to get a prenuptial agreement, especially if you have assets that might be at risk in the event of a divorce, like property, businesses, inheritance, or children from another marriage.

Below are examples of people who really should have considered getting a Prenuptial Agreement:

Sir Paul McCartney: McCartney’s marriage to Heather Mills ended up costing him about $48.6 million. Reportedly, when McCartney married his third wife, Nancy Shevell, he skipped the prenup yet again, only asking Shevell to sign a one-page document stating that she would leave his children’s trusts alone if they should divorce.

Michael Jordan: Michael Jordan and Juanita Jordan did not initially sign a prenup in 1989 when they married, however, agreed to a postnuptial agreement in 1991. When the couple divorced in 2006, Juanita reportedly received a $168 million settlement.

Mel Gibson: Robyn Moore, Gibson’s wife of 31 years was entitled to half of his $850 million estate and settled for $425 million in 2011.

Jeff Bezos: After 25 years Jeff and MacKenzie Bezos filed for divorce in Washington state. With out a prenuptial (or postnuptial) agreement, their $137 billion dollar fortune was split in two.

And finally, Frances Mountain and Harold Mountain famously had to sort through their collection of Beanie Babies and divide, one by one, each under the supervision of a Family Court Judge because they were not able to do so themselves.

When ready to protect your business with a prenuptial agreement , contact the attorneys at Wilson Legal Group P.C .

Email Monitoring and Workplace Privacy

Thu, 04 Feb 2021 16:51:07 GMT

Email Monitoring and Workplace Privacy

No emails sent or received through a company email account should be considered private.

"The federal Electronic Communications Privacy Act makes clear that workplace e-mail [is] the property of the employer, and employees should not expect privacy when sending, receiving, downloading, uploading, printing or otherwise transmitting electronic messages," - ePolicy Institute

It is commonplace for occasional, personal use of the Internet to be used at work, blurring the lines between business and personal. While it typically does not raise much concern, it can become a very complex issue when it comes to employers monitoring employee activity on company computers and an employee’s reasonable expectation of privacy.

Email monitoring is often used to investigate an employee who may have committed an infraction, and, in most cases, companies have a right to gather evidence contained in emails employees send while they’re at work, including those from a third party (Gmail or Yahoo, for instance). The most common kinds of infractions regarding emails are a violation of company policies, inappropriate language, excessive personal use, or breaking confidentiality.

According to the e Policy Institute, "The federal Electronic Communications Privacy Act makes clear that workplace e-mail [is] the property of the employer, and employees should not expect privacy when sending, receiving, downloading, uploading, printing or otherwise transmitting electronic messages,"

Courts have ruled that if an employer owns the computers, runs the computer network, and has a compelling reason to read a email (such as suspicion of sending proprietary or inappropriate information to a competitor, or suspicion of sexual harassment), then the company can read personal emails, too, if done on company equipment.

When it comes to personal emails on a workplace computer, the law can get a little murky and dependent on a factor of issues. For instance, an employer is entitled to monitor all activity done on a company issued equipment, including computers, laptops, cell phones, and even vehicles, if your personal emails are part of what is included in that monitoring, then it can possibly be read.

While regarded as unresolved in the legal spear because courts have decided both in favor of the employee and employer, what is certain is that there should never be an expectation of privacy at work when it comes to using company equipment for personal use, even if it is just to check your personal email. Your first act of defense is to understand the way your company accesses and uses your data and read your company’s computer use policy.

If you are concerned that your likeness has been misused or your privacy invaded, contact Wilson Legal Group and discussion a Likeness & Invasion of Privacy Litigation .

Hermès Birkin Bags: A better investment than the stock market ?

Thu, 04 Feb 2021 16:27:18 GMT

Hermès Birkin Bags as Investments

Are Hermès Birkin bags a better investment than the stock market or gold? Short answer: Yep, pretty much.*

In 2015 a pink crocodile-skin Birkin sold for $223,000. Handbags increased in value by 13 to 14% - outperforming other collectable items such as fine wine, art, watches, jewelry, or whisky.

Last year the luxury handbag’s value increased by 13%, outperforming other collectable items such as fine wine, art, watches, jewelry, or whisky. For comparison, Banksy artwork increased by 23% since 2019, but the Birkin has increased by 42% during the same period.

The Birkin’s shape is a registered trademark and, while they are no stranger to filing lawsuits against those who infringe on their trademark, it does make it easier for them to win because of their trademarked status .

It is important for brand owners to consider filing design patents and trade dress for their pieces in order to protect and control who can use its likeness.

*All information and summaries are intended as informational only regarding Hermès Birkin bags. Nothing should be taken as investment advice or investment opinion and readers should seek out advice from a financial expert prior to acting on information provided in this article.

Non-Compete Agreements and Enforcement in Texas

Tue, 12 Jan 2021 19:47:37 GMT

Non-Compete Agreements and Enforcements

A non-compete agreement is enforceable in Texas if it is narrowly defined, reasonable and supported by valid consideration.

In General:

Non-compete agreements are contracts between an employee and employer that prevents an employee from working for or starting a business in direct competition to the employer during or after employment. Noncompete agreements are enforceable when the relationship between an employer and employee ends.

For noncompete agreements to be enforceable they must be narrowly defined, reasonable, and contain:

· An effective date and length time;

· geographical region the agreement applies to;

· definition of a competitor;

· liquidated damages; and

· compensation.

Despite being a legal agreement, the contract depends on the court’s willingness to enforce it and in which state you reside. California, for instance, does not recognize non-compete agreements - banning them outright.

The goal of a noncompete clause depends on the environment of the contract. For example, if an employee works in product development, the purpose of signing a noncomplete clause is to protect trade secrets. For an employee who works as a sales professional, the intent would be to protect customer relations. Noncompete agreements are very common in IT sectors, media, and financial industries.

If an employee breaches the contract, an employer is likely to take the matter to court and sue the former employee for losses or file a lawsuit forcing the non-compete to be enforced.

Notable litigation relating to non-compete agreements:

Hieber v. Percheron Holdings, LLC

In 2014 Hieber signed a non-compete with Percheron Holdings, LLC. In 2018, Hieber gave notice of intent to resign and assured Percheron that he was not leaving to join a competing company, however, he already signed a contract to join a company providing the same kind of services as Percheron. Percheron subsequently sued Hieber for breach of non-compete and non-solicitation agreement. Hieber filed an answer to the suit by denying all allegations and asked the court to dismiss the case under the Texas Citizens Participation Act (TCPA). The court ultimately denied Hieber’s motion and the suit still stands.

Automile Holdings, LLC v. McGovern

In 2007 Matthew McGovern became a founding member and Chief Financial Officer of Prime Motor Group. After working with Prime for 10 years McGovern was ultimately fired due to, in part, a disagreement over the direction the company was going. After the termination McGovern agreed to not “directly or indirectly … solicit for hire or hire [Prime employees] or encourage [Prime employees] to leave the employment” for 16 months. Ultimately McGovern solicited and/or hired several Prime employees within the 16-month restriction period, and Prime filed suit asking for and injunction and monetary damages. Within the non-compete was an anti-raiding provision (non-recruitment of current employees to new company) and the court determined that it was legal and enforceable. Not wanting to punish the employees that left Prime for the new company and have the hiring reversed, the court ordered that the duration of the noncompete be extended to an additional year. McGovern filed an appeal and ultimately got the extension period reversed. This case illuminates the manner in which Massachusetts Courts would handle non-completes, specifically the anti-raiding provision within the non-complete, suggesting “that such provisions may also be enforceable in the traditional employment context, provided the employer can demonstrate that they are necessary to protect its confidential information, trade secrets, or good will.”

What You Need to Know About Signing a Non-compete In Texas:

A non-compete agreement is enforceable in Texas if it is “ancillary to an otherwise enforceable agreement” (employer’s promise to give confidential information and/or trade secrets in exchange for the employee to not disclose the information), and is reasonable in scope regarding time, activities to be restrained, and geography. Texas being an at-will employment state makes no difference in whether a non-complete can be enforced in the court of law.

Protected in non-compete agreements: knowledge of a unique customer base, knowledge of the equipment or products used by each of the employer’s customers, acquisition strategies, compensation and benefits formulas, and payment rates amongst other confidential information.

Drafting non-competes must have the goal of protecting trade secrets along with proprietary and confidential information. While typical agreements have a time frame of one to two years, it is not unheard of for Texas courts to consider timeframes as long as five years.

The territory in which the employee worked for the employer tends to be considered a reasonable geographic range in which agreements mention. When geographic restrictions are too broad and not specific the court can view a non-compete unenforceable.

Notable litigation in Texas relating to non-compete agreements:

Light v. Centel Cellular Co. of Texas, 883 S.W.2d 642, 644 (Tex. 1994) - Components of a non-compete for it to be enforceable.

Ireland v. Franklin, 950 S.W.2d 155, 158 (Tex. App.–San Antonio 1997, no pet.) - Only one non-illusory promise must be found in order for the court to hold a non-compete valid.

Stone v. Griffin Comm. & Security Systems, Inc., 53 S.W.3d 687, 694 (Tex. App.–Tyler 2001, no pet.) - Knowledge of customer base and equipment or products used by said customers are protectable interests.

TransPerfect Translations, Inc. v. Leslie, 594 F. Supp. 2d 742, 754 (S.D. Tex. 2009) & Teel v. Hospital Partners of America, Inc., No. H06-cv-3991, 2008 WL 346377, *7 (S.D. Tex. Feb. 6, 2008) - Information on acquisition strategies, compensation and benefits, and payment rates are considered confidential information protectable in non-competes.

Gallagher Healthcare Ins. Services v. Vogelsang, 312 S.W.3d 640, 652 (Tex. App.–Houston [1st Dist.] 2009, pet. denied) - Propriety and confidential information can also be protected in non-compete agreements.

Alex Sheshunoff Mgmt Servs., L.P. v. Johnson, 209 S.W.3d 644, 648-51 (Tex. 2006) - Employers may enforce non-competes even if they do not give the employee confidential information immediately after the agreement was signed. Days, weeks, months, and even years can pass before such information is obtained.

Digital Generation, Inc. v. Boring, NO. 3:12-CV-00329-L, 2012 WL 1413386, at *10 (N.D. Tex. Apr. 24, 2012) - Non-compete cannot be enforced because it was not proven that employer gave employee confidential information after non-compete was signed.

Mann Frankfort Stein & Lipp Advisors, Inc. v. Fielding, 289 S.W.3d 844 (Tex. 2009) - Confidential information expressed or implied: non-compete agreements are enforceable even if the employer does not expressly promise to give the employee confidential information as long as the employee promises not to disclose any confidential information and the nature of the position in which the person is employed with will reasonably require confidential information provided by the employer.

Jon Scott Salon, Inc. v. Garcia, 343 S.W.3d 532, 535 (Tex. App.–Dallas 2011, no pet.) - At will employment does not invalidate a non-compete.

Marsh USA Inc. v. Cook, 354 S.W.3d 764, 774-76 (Tex. 2011) - Stock options given in consideration for a non-compete agreement were related to the employer’s interest in protecting its good will.

R ead more on Non-Compete Agreements

Wilson Legal Group P.C. attorneys prosecute and defend disputes arising out of non-compete and employment contracts.

Revenge Porn: Texas Law and Remedies

Tue, 12 Jan 2021 19:47:36 GMT

Revenge Porn: Texas Laws and Remedies

According to the Cyber Civil Rights Initiative, 1 in 8 social media users have been targets of nonconsensual pornography with a disproportionate amount affecting women.

Re•venge porn , n.- A form of sexual abuse that involves the distribution of nude/sexually explicit photos and/or videos of an individual without their consent. Revenge porn, sometimes called nonconsensual pornography, is usually posted by a scorned ex-lover or friend, in order to seek revenge after a relationship has gone sour.

-www.endrevengeporn.org

Generally known as “revenge porn,” nonconsensual pornography is a sexual assault involving the distribution of sexually graphic images of individuals without their consent.

Today there are 46 states that have laws against nonconsensual pornography, Texas among them.

In Texas, the law states that a person is committing a felony crime concerning sexual offenses if:

1. The person portrayed in the image has not given consent, there is intent to harm said person, and if the person’s intimate parts are exposed or engaged in sexual conduct;

2. At the time of the picture (or other visual media) the person depicted had reason to believe the material would be private. (For instance, a picture shared with a partner: the person depicted has reasonable expectation that the picture would remain private between the couple);

3. The releasing of the visual material causes harm; and

4. The identity of the person depicted is revealed.

Texas courts have jurisdiction if the person posting visual material lives in Texas, the person depicted in the visual material lives in Texas, the server in which the material is stored is in Texas, and the material is available to view in Texas.

Remedies to Nonconsensual Pornography

Legal:

Copyright:

Any picture you have taken, you own the copyright to. By going to copyright.gov , one can register up to 750 unpublished photographs. Copyright allows you to demand sites to take down images based on copyright infringement, also known as Digital Millennium Copyright Act (DCMA) take down. DCMA takedown is a tool used for getting material that infringes on the owner’s copyright taken down and off a website.

Notable examples and cases of nonconsensual pornography:

Representative Katie Hill of California resigned from office in October 2019 after nude photos of her were released without her consent. She is current suing her ex-husband, RedState.com, The Daily Mail, along with several editors and employees at the media outlets, for giving her husband the means to publish naked pictures of her.

Hundreds of private pictures of celebrities, many of them women and of an intimate nature, were stolen by hackers who broke into Apple accounts and posted them on the online message board 4chan. (2014)

Audrie Taylor Pott was sexually assaulted by three or more teenage boys when she attended a party in 2012. The boys had also drawn on her body with markers and taken photos that they distributed via social media. Audrie was bullied at school by her peers and ultimately killed herself. In 2014, California Governor Jerry Brown sign a law in her honor titles Audrie’s Law which is a bill that “increases penalties and decreases privacy protections for teens convicted of sex acts on someone who is passed out from drugs or alcohol or incapable of giving consent due to a disability".

People v. Austin (2019 IL 123910) , Known as the strongest criminal law in the US against nonconsensual pornography in the country, it recognizes that the fundamental harm of nonconsensual pornography is the violation of privacy, not any particular motive for the violation. The law “is similar to laws prohibiting the unauthorized disclosure of other forms of private information, such as medical records, biometric data, or Social Security numbers. The entire field of privacy law is based on the recognition that some types of information are more sensitive than others, the disclosure of which can and should be regulated. To invalidate [the law] would cast doubt on the constitutionality of these and other statutes that protect the privacy rights of Illinois residents.”

Helpful Links:

PENAL CODE CHAPTER 21. SEXUAL OFFENSES (texas.gov)

Cyber Civil Rights Initiative

The World's 18th Richest Person Gave Away $4.1 Billion in Four Months

Tue, 05 Jan 2021 21:46:01 GMT

$4.1 Billion In Four Months Given to Various Charities

In the last four months, McKenzie Scott, the World’s 18 ^th richest person, has given away $4.1 billion to 384 organizations.

January 1, 2021

In the last four months, McKenzie Scott, the World’s 18 ^th richest person, has given away $4.1 billion to 384 organizatio ns througho ut the US, Puerto Rico, and Washington DC as part of her giving pledge she announced in 2019. Two Texas universities that serve students of color were included: Prairie View A & M University, a historically Black university received a $50 million donation, and Texas A & M International University in Laredo, which primarily serves Hispanic students received $40 million.

In July, Scott posted to Medium, ( 116 Organizations Driving Change. Every one of them would benefit from… | by MacKenzie Scott | Medium ) reflecting on the year and how the level of inequality during the pandemic affected her by seeing how communities have used their assets to offer opportunities to those who were struggling. She then donated $1,675,620,000 to 116 organizations with various causes including Racial Equality, Climate Change, and Economic Mobility, just to name a few.

Then she did it again, but bigger…

In her most recent post, ( 384 Ways to Help | by MacKenzie Scott | Dec, 2020 | Medium ) Scott detailed the idea for her reason to give while reflecting on poetry by Emily Dickenson she read during her own personal isolation while quarantined. Again, motivated by the abundance of communities helping each other, Scott partnered with her advisors and accelerated her donations taking a “data-driven approach to identifying organizations with strong leadership teams and results.”

Considering organizations operating in communities facing high food insecurity, high measures of racial inequality, high local poverty rates, and low access to philanthropic capital, (one might say that she is trying to even the scale of donations to be dispersed among those organizations that may not always have the means to raise or collect donations). Scott and her team diligently researched and vetted each organization, ultimately choosing 384. All donations are given with complete trust of how the money would be used - absolutely no strings attached - and all upfront.

Small gestures have big impacts, efforts are appreciated, positivity is contagious and motivating.

At Wilson Legal Group PC , our litigation lawyers have years of experience and are ready to handle your legal needs.

The World Health Organization is looking into Electronic Vaccination Certificates

Tue, 05 Jan 2021 21:46:00 GMT

The World Health Organization is Looking into Electronic Vaccination Certificates

Could E-Vaccination Certificates be the first step to slowing down the spread of COVID-19?

January 1, 2021

Coronavirus vaccinations are now well on their way throughout the world. While taking the vaccine is voluntary, experts are predicting that those who may refuse to take the vaccine may be prevented from traveling, mainly internationally. Hawaii for instance, already has a pre-travel testing program where travelers must provide a negative COVID-19 test result or have done a 14-day mandatory self-quarantine. While it may be unlikely right now due to the availability of the vaccine, the World Health Organization (WHO) is already looking into a plan for electronic vaccination certificates for travelers.

In October 2020, WHO and Estonia started collaborating on a pilot project for forming e-vaccination certificates with eventual use during international travel. The WHO cautions that they are not recommending “immunity passports” as the only means of preventing the spread of COVID-19 across borders and also expressed concerns over fraud.

Airlines are completely within their rights to impose conditions on the passengers on their flights. Travelers to Saudi Arabia, for example, already have to show proof of vaccination of meningitis before their pilgrimage to Mecca.

At Wilson Legal Group PC , our litigation lawyers have years of experience and are ready to handle your legal disputes. For more information on IP Litigation please click the link.

Patents to Celebrate the New Year

Tue, 05 Jan 2021 21:45:59 GMT

Historic Patents Celebrating the New Year

Fireworks, Confetti, and Champagne, Oh my!

January 1, 2021

The long-anticipated end to 2020 in here! Dallas Counsel wants to kick off the New Year by bringing attention to some of the most historic patents involved with celebrating New Year’s Eve and New Year’s Day. While this year’s New Year’s celebration surly looked different from previous ones, one this is for sure, intellectual property rights played a role in influencing your celebrations.

Fireworks

US Patent Number 5,339,741 / August 23, 1994:

Precision Fireworks Display System Having a Decreased Environmental Impact: “A system and method for launching projectiles, such as fireworks projectiles, which explode in the air into a pyrotechnic display. The explosive additive causes the exploded particles to be rapidly burned and consumed to form lightweight, inert flakes that fall harmlessly to the ground.”

Fun fact: Disney Patented Precision Firework Displays.

Confetti

US Patent Number 5,352,148 / October 4, 1994:

A shape to confetti which creates a new dramatic and spectacular matter of creating a visual display such as an indoor firework. The invention provides a “novel shape of confetti such that the individual pieces float and flutter as they fall to the ground thereby doubling or tripling the hang time during which they are in the air.”

Fun Fact: This year, 2,000 pounds of confetti descended on Times Square to ring in the new year made from wished written on post-its comprised of people's wished from the NYE Wishing Wall in New York City.

Champagne Bottle Closure

US Patent Number: 1,923,091 / August 22,1933: The foil seal/cage on top of the cork:

“Invention relates to closures for bottles and the like, and contemplates an arrangement in which there is a primary closure that is effective to seal the container hermetically; and an ancillary or secondary closure that covers the primary closure, protects the external portions of the bottle adjacent the mouth against contamination, serves as a sanitary partial closure after the primary closure has been removed and where all the contents of the bottle are not to be used immediately; and gives a finished appearance to the complete package.”

Synchronized Confetti Sprayer and Descending Illuminated Ball

Patent Number: 6,260,989 B1 / July 17, 2001:

The invention “discloses an illuminated celebratory device having a confetti blower housing with LED digital display and other visual and sound effects mounted on top of a vertically standing pole having tracks thereon upon which a movable ball is slidably mounted. The ball also has digital displays and lamps thereon. The pole is mounted on a base stand. In operation, at a predetermined time, the ball begins its descent from atop the pole and as it descends pole lamps illuminate and the LED's show the appropriate time. When the ball reaches its destination at the bottom of pole, the LED's indicate the appropriate time and all celebratory features of the device activate.”

At Wilson Legal Group PC , our litigation lawyers have years of experience and are ready to handle your legal disputes. For more information on Patent Protection and Legal Services please click the link.

Fair Use Doctrine and When It Is Applicable

Tue, 05 Jan 2021 21:38:17 GMT

The "Fair Use Doctrine" and When It's Appropriate to Use Copyrighted Material

In some instances, you do not need permission to use copyrighted material.

January 1, 2021

Fair Use is a legal doctrine used in the United States that allows for the use of material without first acquiring permission of the copyright owner’s permission.

Examples of categories that fall under the Fair Use doctrine include the commentary and critique of material, news reporting, material used for teaching purposes, scholarship, and research purposes.

When determining whether a fair use defense is valid, four factors must apply: Purpose, Amount, Nature, and Effect:

1. The intended purpose of the use:

Was the copyright material used with the intent of benefiting from it or was it mistakenly copied? Inadvertent/accidental copying of a material is not always a plausible defense. Courts will also consider how the material is being used (for example teaching purposes, commercial use, etc.). Copyright material should be altered in a way to add new expression or meaning and/or be used to make new information, perceptions and interpretations.

Notable cases: Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569, 578, 114 S. Ct. 1164, 1171, 127 L. Ed. 2d 500 (1994), Worldwide Church of God v. Philadelphia Church of God, 227 F.3d 1110, 1118 (9th Cir.2000), American Geophysical Union v. Texaco, Inc., 60 F.3d 913, 922 (2d Cir.1994), A&M Records, Inc. v. Napster, Inc., 284 F.3d 1091 (9th Cir. 2002).

2. How much is being copied:

Courts will take into consideration how much of the material was used. For example, a whole book vs. only a small passage. The totality of the circumstances must be considered when considering the amount that was used, however, no amount of material is too little to be considered copyright infringement.

Notable cases: Harper & Row, 471 U.S. at 564–65, 105 S.Ct. at 2232–33, Supermarket of Homes v. San Fernando Valley Board of Realtors, 786 F.2d 1400, 1409 (9th Cir.1986), Religious Tech. Ctr. v. Netcom On-Line Commc'n Servs., Inc., 907 F. Supp. 1361, 1379 (N.D. Cal. 1995).

3. The nature of the material being copied:

Courts will look at the quality of the work considering whether it is fictional or nonfictional. Non-fictional work typically has a stronger argument for applying the fair use doctrine due to the material being facts rather than beliefs. Fair use can be difficult to establish when fictional works are copied, however, the first use of the material is taken into consideration.

Notable Cases: Campbell, 510 U.S. at 586, 114 S.Ct. 1164, Walking Mountain, 353 F.3d at 803 (quoting Dr. Seuss, 109 F.3d at 1402), Dr. Seuss Enterprises, L.P. v. ComicMix LLC, 256 F. Supp. 3d 1099 (S.D. Cal. 2017), Kelly v. Arriba Soft Corp., 336 F.3d 811, 820 (9th Cir. 2003).

4. The effect/value of the copyrighted work:

Considered the most heavily weighed factor, the overall value of the copyrighted material is considered. Courts will identify if the subject matter being copyrighted is an attempt to substitute/replace the original work or an attempt to financially benefit from the original work. Future gains from the use of the work are also considered part of the determination of the value.

Notable Cases: Campbell v. Acuff-Rose Music, Inc ., 510 U.S. 569, 577, 114 S. Ct. 1164, 1170, 127 L. Ed. 2d 500 (1994), Sega Enterprises Ltd. v. Accolade, Inc., 977 F.2d 1510, 1522 (9th Cir. 1992), as amended (Jan. 6, 1993).

Judges typically evaluate fair use claims on a case by case basis and by the unique circumstances of each. When considering using potentially copyrighted material, legal counsel is strongly advised.

At Wilson Legal Group PC , our litigation lawyers have years of experience and are ready to handle your legal disputes. For more information on IP Litigation please click the link.

Supreme Court and COVID-19 Restrictions

Tue, 05 Jan 2021 21:38:15 GMT

Supreme Court Sides With Religious Institutions

The Supreme Court, once again, blocks state COVID-19 restrictions on religious gatherings.

January 1, 2021

The Supreme Court continues to side with religious institutions indicating that states do not have the ability to enforce stricter standards on religious establishments, churches, synagogues, and mosques, as they do on most commercial establishments.

"Even in a pandemic, the Constitution cannot be put away and forgotten," the court's conservative majority opinion said. "The restrictions at issue here, by effectively barring many from attending religious services, strike at the very heart of the First Amendment’s guarantee of religious liberty."

In the meantime, the Center for Disease Control and Prevention (CDC) offers general guidelines for communities of faith to decrease the risk of the spread of COVID-19 encouraging individuals to practice social distancing of six feet, the use of masks in public settings, disinfection and ventilation, and promote hygienic practices.

At Wilson Legal Group PC , our litigation lawyers have years of experience and are ready to handle your legal disputes. For more information on IP Litigation please click the link.

Dallas Counsel strives to provide unbiased and easily understandable legal news and information. Our attorneys have years of experience in design, trademark, patent, and family law as well as in the entire field of intellectual property. See our firm’s website here .

Texas Files Suite Against Four States

Tue, 05 Jan 2021 21:38:14 GMT

Texas Files Suite Against Four States

Texas files a lawsuit against four states, challenging their election results.

January 1, 2021

In what was considered a last-ditch effort for Republicans to contest the victory of President-elect Joe Biden, Texas filed a lawsuit in December against Georgia, Pennsylvania, Michigan, and Wisconsin over their election procedures implying claims of unproven election fraud in the swing states.

The Supreme Court – including three of President Trump’s own picks – rejected the lawsuit for consideration because the state lacked the standing to bring it on. Basically, there is no Constitutional reason a state should have an interest in policing other state’s voting procedures.

True to form, once the Supreme Court rejected the lawsuit, Trump took to Twitter to express his disappointment in the decision.

Critics have speculated that the only reason Texas Attorney General Ken Paxton filed the lawsuit was to get into the good graces of President Trump because he is seeking a presidential pardon relating to a 2015 felony securities fraud charge and, more recently, FBI’s investigation on Paxton using his position and office to do favors for Nate Paul, a political donor.

At Wilson Legal Group PC , our litigation lawyers have years of experience and are ready to handle your legal disputes. For more information on IP Litigation please click the link.

Filing a Patent

Tue, 05 Jan 2021 21:38:12 GMT

Filing a Patent

Three types of patents that can be applied for with the United States Patent & Trademark Office.

January 1, 2021

Filing a patent first starts with preparing a patent application and determining the type of patent being filed. Generally, there are three types of patents that can be applied for with the United States Patent & Trademark Office (USPTO): utility , design , and plant patents.

Utility patents: Protect any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof. Utility patents protect the functional aspect of your invention, including business method patents;

Design Patents: protect any visual ornamental characteristics embodied in, or applied to, and article of manufacture. Design patents protect the ornaments, non-functional aspects of your invention; and

Plant Patents: protect any new variety of plant other than a tuber propagated plant or plant found in an uncultivated state.

Our Dallas patent attorneys at Wilson Legal Group P C provide patent protection and patent counseling through all stages of patent prosecution and litigation. For more information on Patents click here .

Trade Dress and Protecting Your Brand

Tue, 05 Jan 2021 21:37:54 GMT

Trade Dress and Brand Protection

Trade dress trademark can be used to protect your brand from lookalikes and counterfeits.

Trade dress includes all the unique elements used to promote a product or service encompassing the “total image and overall appearance” of a product including the size, shape, color, color combinations, textures, and graphics. Included with the design, packaging, color of product or package, and even flavor encompass trade dress.

It is important for brand owners to consider filing design patents and trade dress for their pieces to protect and control who can use it's likeness.

To receive a trade dress, the United States Patent and Trademark office will consider functionality and distinctiveness. Trade dress rights do not expire if the design is used as a source identifier in commerce. An advantage of a trade dress would be that it may serve as a deterrent against copying or counterfeits. To infringe on a design patent an ordinary consumer need only be confused of the source of a product.

F or more information on Trade Dess Protection click to read more at Wilson Legal Group P.C.' s firm page.

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