My name is Max Schatzow and I am an attorney with the law firm of Stark & Stark in Lawrenceville, New Jersey. When we first saw the press release issued by Governor Murphy back in September announcing his intentions, we knew that we wanted to participate in this process, because the Investment Management practice group at Stark & Stark represents numerous broker-dealers and countless investment advisers registered with the United States Securities and Exchange Commission and the New Jersey Bureau of Securities on regulatory and compliance matters.

Our clients are extremely varied and range from those providing investment advice to private investment funds and registered investment companies to retail individuals. However, our most common client is an individual or group of individuals who have broken away from a larger financial institution, such as Morgan Stanley or Merrill Lynch to start their own boutique investment advisory firm. We then help those firms address their legal and compliance needs and serve as outside counsel and compliance officers as they grow their business.

Continue Reading Statement of Max Schatzow on behalf of Clients before the New Jersey Bureau of Securities

This is part 2 of a 3 part blog. Please click here to read Part 1 – Generic Marks. Please click here to read Part 3 – Government Insignia & Surname. 

Trademarks are also non-registrable under the Lanham Act if the mark, when used in connection with applicant’s goods or services, is merely descriptive of them. 15 U.S.C. § 1052(e)(1). In a recent case, In re Houston Bites, LLC, Serial No. 87170141, applicant Houston Bites LLC attempted to register “Houston Bites” for services identified as “providing a website featuring non-downloadable photographs regarding restaurants, food and beverages.” The examining USPTO attorney refused registration on the ground that the mark was merely descriptive of the service in question: providing a website of photos related to light meals and snacks located in Houston, Texas. Houston was merely descriptive of applicant’s location, and a dictionary entry that defined “bites” as light meals or snacks bolstered the notion that the word bites was merely descriptive of what applicant’s services provided images of. If all individual components of the mark were descriptive, then the composite mark was also descriptive and not registrable. Continue Reading Hurdles to Federal Trademark Registration Part 2 – Merely Descriptive & Geographically Descriptive

As all general contractors are aware, problems often arise during the performance of a construction project with subcontractors or vendors who are improperly performing pursuant to the terms of their contract. The question becomes what is the best way to address these issues in order to contain them, and moreover, to ensure a smooth transition to replacement a contractor or vendor if necessary. This article shall give a brief overview of some steps that a contractor can take.

Continue Reading Dealing With a Derelict Subcontractor

David’s Bridal, Inc., the country’s largest wedding dress retailer, filed for Chapter 11 bankruptcy protection in the District of Delaware this morning, under case Number 18-12635 (LSS). According to reports from USA Today, the company plans to operate its 300 stores and stay in business.

Unlike its competitor, Alfred Angelo, which filed for bankruptcy protection in 2017 and left brides and grooms standing at the altar without their garb, David’s Bridal has assured customers that all orders will arrive on time and that any bridal appointments will not be impacted.

Continue Reading David’s Bridal Says “I Do” to Chapter 11 Bankruptcy Filing

The world seemingly resolves around our credit scores. The difference between a good, a fair, and a bad credit score can make a significant difference of hundreds of dollars in monthly payments, and in some cases, being accepted or rejected for loans. Credit is an oft overlooked issue in divorce cases. A positive credit rating is critical to establish a new residence, purchase vehicles, and start a new, single life.

In some instances, the actions of one party can have the effect of damaging the credit rating of the other. This often happens in the context of one party failing to pay the mortgage on the home or other joint responsibilities. This can be due to financial stress of a divorce, such as maintaining two residences, or as a result of intentional, malicious actions of a party.

Continue Reading The Importance of a Credit Score in a Divorce Case

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

This is part 1 of a 3 part blog. Please click here to read Part 2 – Merely Descriptive & Geographically Descriptive. Please click here to read Part 3 – Government Insignia & Surname.

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 Hurdles to Federal Trademark Registration Part 1 – Generic Marks

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?

Courts recognize four trademark categories within which every mark must fall: (1) Generic marks, (2) Descriptive marks, (3) Suggestive marks, and (4) Arbitrary or Fanciful marks.[i] At the far end on the spectrum, warranting the greatest level of trademark protection, stands arbitrary or fanciful marks—those words which offer no inherent description of the product. On the opposite end of the spectrum lies generic marks—those made up of common descriptors to which courts afford no trademark protection.[ii]

Continue Reading Has Google Become a Generic Mark?