Tamara’s Tips

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Contract, agreement, or document? All of the above!

Sometimes, clients come to me to beef up informal arrangements they have made for business ventures.  Often the parties are friends, and my client doesn't want to scare his or her friend/business partner with a lengthy legal document.  A client will sometimes request "just something showing our agreement, not a formal contract."  The truth is ...

Trademarks 102: Beyond Basics

[vc_column width="1/2"][vc_column width="1/2"] Last week, I had the opportunity to present a Continuing Legal Education seminar to other attorneys through myLaw CLE.  I talked for approximately 1.5 hours about "Trademarks 102: Beyond Basics," covering things that lawyers who don't typically practice intellectual property or trademark law should know about sending Read more Dude, wait. . . what? (Marijuana trademarks)   Last week, I ...

Trademarks 102: Beyond Basics

Last week, I had the opportunity to present a Continuing Legal Education seminar to other attorneys through myLaw CLE.  I talked for approximately 1.5 hours about "Trademarks 102: Beyond Basics," covering things that lawyers who don't typically practice intellectual property or trademark law should know about sending a cease and desist letter, advanced trademark use and registration availability ...

Dude, wait. . . what? (Marijuana trademarks)

Last week, I attended the Rocky Mountain Intellectual Property & Technology Institute, which included a session discussing updates on the commercialization of marijuana.  Most trademark practitioners already knew that applications for federal registration of marijuana dispensaries or THC-containing products themselves will be rejected, but that protection is available on a state level, or on a federal level ...

Wiping devices clean can be dirty

Zillow execs who allegedly stole trade secrets from Move, Inc./realtor.com recently claimed in testimony that they only wiped their devices clean of their former employer's confidential information (and installed code to do so) to remove pornography. Do we believe them? Move is seeking $1.77 billion in damages against ZIllow.com and two former Move, Inc. execs ...

Trademark Searches

One of the first steps when considering how to brand a product or service with a particular name is to choose an appropriate trademark. A quick search of the Patent and Trademark Office database is very easy to do. However, if a company or individual plans to invest a significant amount on marketing the new ...

Trademark confusion

One of the most common reasons Examining Attorneys at the U.S. Patent and Trademark Office ("PTO") initially refuse registration of trademarks is "likelihood of confusion." In other words, the PTO is concerned that the trademark subject of a new application will be confused with another mark that already exists in their database. Under Section 2(d) ...

Shhhh… it’s a trade secret!

Trade secrets can differentiate and add value to a business without the expense and formality of applying for a patent. The Uniform Law Commission drafted the Uniform Trade Secrets Act ("UTSA") in 1979 (since amended and supplemented) in order to better protect trade secrets for U.S. companies operating in multiple states. The UTSA aimed to ...

Keeping your secret secret

My previous tip discussed the general definition/qualifications for information to be considered a "trade secret." The next logical step is protecting that trade secret. The good news is that trade secrets are protected without any procedural formalities such as registration or certificates. Another happy fact is that the a trade secret can be protected for ...