By Carlos M. Gomez Garcia, 3L -- Inside the boundaries of university campuses across the United States innovations and advances in a variety of fields are happening day to day. Many of these innovations can turn into lucrative endeavors for either the university, the students, or for both, depending on who owns the IP rights. … Continue reading Do Students Own Their Inventions?
By Jose Rivero, 3L -- Anyone that has tried to register a trademark knows one of the USPTO's most famous one-liners: generic names are ineligible for federal trademark protections. Although many companies have been unsuccessful in their attempts to trademark generic names, some have circumvented the USPTO's rule by including the sought-after generic name under … Continue reading Generic Trademarks and the Dot-Com Loophole
By Ahmed Ahmadi, 3L -- As society moves away from the traditional work place environment and away from the traditional employee employer relationship, the line between someone working for you or for themselves has become blurred. From a business standpoint, the determination of such sort is quite important as there can be unexpected costs associated … Continue reading Am I an Independent Contractor or an Employee?
By Mike Rutledge, 3L– As the country wonders what their work-life will look like in a changing world, entrepreneurs and founders are also asking questions, but they are also pivoting to help shape what that post-covid world looks like for the rest of us. One new Miami based startup that is literally and figuratively shaping … Continue reading From Stiltsville to Hitsville, Startups Consider a Post-COVID World, Including Novel Sources of Capital
By Drew Berube, 3L -- You and Mr. 305 [Pitbull] may have more in common than you think. And that common denominator is the need to protect your brand. If you haven’t seen it in the news recently, Pitbull’s signature yell (“EEEEYOOOO”) was awarded trademark protection by the United States Patent and Trademark Office (“USPTO”) … Continue reading EEEEYOOO!: Pitbull, Trademarks, and the Need to Protect Your Brand
By Marin Mihailovic, 3L Many businesses are engaging in social media advertising and often enlisting the help of “influencers.” If you’re doing so, whether you have a large legal department or not, you may find yourself fighting an expensive false advertising claim. Competitors and consumers may bring such a claim under Section 43(a) of the … Continue reading Influencers Can Cost Your Business Millions of Dollars in Fees.
By Barron Becker, 3L -- Non-compete clauses can afford vital protection to small businesses in the food industry because several food companies offer similar products, which can impede building brand awareness with consumers. When a new food establishment contracts to purchase an existing food brand, food establishment, or land where a food establishment once existed, … Continue reading Big Shields for the Little Guys: Non-Compete Clauses Can Offer Big Protection to Small Businesses in the Food Industry
By Yujia Huo, 3L -- According to the statistics collected by Embroker, among startup businesses, about 90% of them fail, and about 10% fail within the first year. Compared to massive businesses that are empowered by all kinds of liquid capital and lines of credit, startup businesses are way more vulnerable to funding risks. This … Continue reading What A Startup Shall Prioritize During A Period Filled With Uncertainties
By Stephen Davis, 3L -- If you have not had the pleasure of crossing paths with government in the course of starting and building your business, fear not for the day is likely coming. It is hardly a top of mind consideration for cash-strapped founders, but government relations is just as important a function as … Continue reading Seeing Government as an Ally
By Francesca Simonian, 3L -- Trademark protection is essential for start-up companies in the cannabis industry to distinguish their brands from competitors offering similar products and services. The owner of a valid trademark has the exclusive right to use the mark in connection with the goods and services it offers. For example, the marijuana leaf … Continue reading Covering Your Buds: Federal Trademark Regulations Impact Start-Up Marijuana Companies