We previously talked about why a company would want restrictive covenants, but it isn’t just the company acting.  The employees are agreeing to the non-compete, non-solicitation, or non-disclosure provisions, too.  As for employees, they need to understand: 1) what they can and cannot do during their employment and afterwards, and 2) why it matters.  Their willingness to follow the restrictions in 1 is directly related to their understanding and buy-in to 2.  If they think you are just trying to crush their ability to make their mortgage, then they will be more likely to test those boundaries.  Then you will spend more time,…

We at OG+S are very excited to have two new employees this year.  They are smart, capable young women who make us a better law firm.  I wouldn’t trade either of them.  But, you know what, they take a lot of my time.  There is a boatload of training that goes into new hires.  They are learning our systems, our clients, our “secret sauce.”  They are also helping us build goodwill – especially as they (hopefully) stick around for years.    I’m not complaining. Not one bit.  I want our employees to be well-trained. I want our clients to love them.  What I am saying is…

This is a short post because the point is simple: If you choose to do business with individuals who do not like to run their business with written agreements, good governance, and sound policies – its to your detriment. We’ve written countless times about the need for all businesses to treat themselves “like a business” from day one. Truthfully, there is no magic time when your business suddenly becomes “real” and therefore needs all the things “real businesses” need. The rules of the road apply to everyone – big or small. As I wrote in a LinkedIn post back in …

If you’ve read our blog religiously, you’ll know that I often write about intellectual property and video games (or, cartoons). Well, its been awhile, and in 2020, levity is required! So, today, we’re talking about the two most famous (fictional) apes of all time – Donkey Kong & King Kong – and the epic intellectual property battle between them. The year was 1982, and the arcade business was booming. In 1981 alone, arcades were a $5 billion dollar industry in the United States and Universal (“City”) Studios wanted a piece. In an effort to cash in, Universal sought to license…

Things have been pretty exciting in trademark law over the last few years. The Slants won a case in the Supreme Court to protect their band’s name – overturning a longtime precedent of the USPTO barring trademark protection for “disparaging terms.” Now, the Supreme Court is at it again – ruling against the USPTO and their (somewhat) blanket rule of barring registration of generic terms with “.com” (or another TLD) added to them. Yes, I’m talking about “Booking.com.” This case is notable for a few reasons, read on for more information. The USPTO’s Basic Argument The…

Now we know that we are eligible for federal registration, and that we can afford it.  But is it important?  Is this a primary part of our business or not?  What is your return on your investment for this product?  In our pretend business, SCRUBBIEDUBS is our overall trademark, so that’s likely important.  What if we have separate “lines” of washcloths?  Our “flagship” lines may be worth protecting, but a one-off one may not be.  Unless we are super-fancy and have limited editions that are collectible.  What? I can dream.   Is this something we are going to do for…

After last week’s post, we know that for a federal trademark we need to have interstate commerce, often because we are selling across state lines.  So let’s pretend that we know we can apply for federal registration based on sales. Now, we have to decide if it is a strong trademark:  Is this mark protectible?  Is it too descriptive? Is it likely to be confused with someone else’s mark? Is it a little too risqué?  Assuming all of that is good to go, the next question is: Do we have the money for it?  If all…

I have been asked the question, “Is getting a trademark worth the money?” a lot lately.  Companies are trying to protect their assets and their budget.  They want to spend their money wisely so they rightly ask if this is a good use of it.  Now, I always laugh a little and remind them that they are asking a trademark attorney if a trademark is a good idea so I may be a bit biased, but it is still a very good question and an even better analysis. If you have talked to me at all about this, you know…