Trademarks are product differentiators that help consumers recognize familiar brands that customers have come to associate with a certain perceived level of goodwill, reputation, quality, taste, consistency, and style. A form of shorthand, a unique signature of sorts, a trademark signals to consumers the source or origin of a particular good or service.

Walking into a McDonalds, we know how a cheeseburger is going to taste. Seeing a red and white striped curved awning with green domes that extend above the awning, we can expect to enjoy custard ice cream or Italian ice from Rita’s Italian Ice. Coffee served in a cup with a two tailed mermaid is, as we all know, from Starbucks.

Continue Reading Likelihood of Confusion: the <i>Sine Qua Non</i> of Trademark Infringement

Hurdles to Federal Trademark Registration Part 1 – Generic Marks

Despite being used lawfully in commerce, a trade or service mark may be refused registration by the United States Patent and Trademark Office (“USPTO”) under Section 2 of the Trademark Act of 1946 (the “Lanham Act”) if the proposed mark is “generic,” “merely descriptive or deceptively misdescriptive,” or likely “to cause confusion” with another registered or used mark.

Continue Reading You Shall Not Pass: Hurdles to Federal Trademark Registration

As a subcontractor on a project, whether commercial or residential, you are always dependent upon payment from an upper tier contractor or general contractor, as you have no direct relationship with the owner. As such, you are at the mercy of the general contract when it comes to receiving payment.

Continue Reading Getting Paid as a Subcontractor on a Project

College and Divorce in NJIt’s college application time and parents across the state are praying for the essay fairy to arrive and save them. Having gone through it twice, I am sympathetic to all of those who are now going through what is a rite of indoctrination in parenting. Then, just when you think you get a break, now you have to figure out how to pay for it!

Even though those acceptance letters won’t be in the mail until April (unless your student is applying early action, or to a school with rolling admissions), it’s not too soon to start thinking about it. This takes on a whole other level of stress when you are divorced or separated from your child’s other parent.

New Jersey law clearly provides that a divorced or separated parent’s obligation extends to higher education. Unlike our neighbor to the west, support does not stop after high school when a child has the capacity to attend college, or a trade school. Not only is there an obligation to contribute towards college, child support does not end when your child goes off to the dorms. It may change, but it does not end.

Continue Reading Colleges & Children: What’s a Divorced Parent to Do?

A new bill in New Jersey was introduced last week which would amend the 2012 law that established microbreweries in the state and governs their operations and restrictions.

This is the first attempt so far to legislatively address the craft brewing industry after a special ruling was issued by the New Jersey Division of Alcoholic Beverage Control (ABC) which implemented restrictions on events and other brewery operations. The ruling was suspended indefinitely only a week later after significant public backlash from both brewers and state government officials.

Continue Reading New NJ Bill Aims to End Craft Brewery Tours & Add Food Vendors

Recently, the National Labor Relations Board (NLRB) issued a Notice of Proposed Rulemaking which is intended to roll back a controversial 2015 decision that loosened the board’s test for determining whether businesses like franchisors and franchisees are joint employers under the National Labor Relations Act.

Continue Reading National Labor Relations Board Released Proposed Rule to Undo Browning-Ferris

In April 2018, California’s Department of Business Oversight (“DBO”) announced that, beginning in October, it will begin conducting an online questionnaire-based examination of certain investment advisers registered with the DBO. This digital examination will be in addition to the DBO’s onsite examination program. The DBO recently sent registered investment advisers a reminder of this pending initiative. It is unclear from the DBO’s communications whether this online examination will be required for every investment adviser on an annual basis or only after an investment adviser receives an examination request.

Continue Reading California to Conduct Written Electronic Examination of State-Registered Investment Advisers

The U.S. House of Representatives lawmakers announced last week that they have prepared a bill that would establish that a business simply licensing a trademark, such as in the case of a license from a franchisor to a franchisee, would not create a so-called “joint employer” relationship.

Joint employment is the sharing of control and supervision of an employee’s activity among two or more businesses. This new bill, called the Trademark Licensing Protection Act of 2018, declares that if a company is licensed to use a trademark, this should not be enough to establish “an employment or principal agent relationship” between the two licensing entities.

Continue Reading House Lawmakers Unveil New Joint Employer Bill

In recent years, various government branches and departments across the country who are responsible for policing the government’s own trademarks have been sending cease-and-desist letters and filing suit against local businesses that are using trademarks likely to either cause confusion as to the government’s sponsorship of or affiliation with the companies or dilute the famous qualities of the government’s distinctive marks.

Continue Reading Government Owned Trademarks: Give me Liberty or Give Me …a License?

It’s hard to believe that summer is over and I’m already following behind school buses on my way to work. Believe it or not, while fall has barely started, and it’s still almost 80 degrees outside, winter and the holidays are just around the corner. If you don’t believe me, just walk into your local CVS and see all the holiday displays!

Fall also means one other thing: now is the time to start thinking about holiday parenting time and making sure that you and your ex are “good” on the schedule. Most divorced or separated parents do not realize how much lead time is necessary to have a dispute decided by a judge in the event a resolution is not reached between the parents or caregivers. That’s why it’s time to start thinking about these issues now rather than waiting until the end of November, right before Thanksgiving.

Continue Reading Pumpkin Spice Latte’s and Time to Think About Holiday Parenting Time