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The Trademark Functionality Doctrine The Trademark Functionality Doctrine limits what can be trademarked. It prevents companies from getting exclusive rights to functional features of a product, like its packaging or design. This protects competition and ensures there are a variety of choices for consumers. Patents, on the other hand, grant inventors a temporary monopoly over
The Court Rules are Everything For lawyers, adherence to rules is paramount. Attorneys thrive on structure, order, and, you guessed it, rules. But here’s the thing: being a good attorney isn’t just about knowing the rules; it’s about using them to help our clients succeed. That’s where the real lawyering happens. Great attorneys go beyond
What is a Copyright? The word copyright is a legal term of art used to identify the type of protection granted to an author, or creator, of certain types of creative works. When you set out to write a book, or a screen play, what you created, what you typed into your computer, or wrote
How to Tokenize Real Estate Tokenization of assets is one of the most common discussion topics in my blockchain/web3 practice. Both tangible and intangible and intangible assets can be tokenized. I have discovered that many first-time founders get lost in the cool functionality of their product and rarely step back to determine what the marketplace
San Francisco vs. Oakland: Trademark Battle Over Airport Name San Francisco and Oakland are embroiled in a court dispute over the Oakland Airport’s plan to rename its airport “San Francisco Bay Oakland International Airport.” Without doubt, this’ll be an interesting case to watch, as the court determines whether Oakland’s actions constitute trademark infringement. It is
Deepfakes — sophisticated AI-generated videos capable of seamlessly grafting a person’s face and voice onto another body — are stark examples of the challenges faced with AI technologies. Deepfakes are hyper-realistic fabrications that blur the lines between truth and fiction, presenting a formidable threat in the realm of misinformation. Deepfakes also have political implications, painting
On April 23, 2023, the Federal Trade Commission (FTC) announced a final rule banning noncompete agreements under sections 5 and 6(g) of the FTC Act. The ban applies to noncompetes in the employment context and does not necessarily apply to business-to-business noncompete agreements. This banning of non-compete agreements has left many employers wondering what this
Lawyers Are Becoming Less Civil In the world of litigation, the rise of what I’ve come to call the “paper tiger” has become increasingly prevalent. California Rule of Court 9.7 requires all attorneys to conduct themselves with dignity, courtesy, and integrity, and most states have similar ethical standards in place. The American Bar Association’s Model
On May 16, 2024, at 12 pm (PST), we are holding a webinar for the new healthcare compliance guidance issued by the Office of Inspector General (“OIG”) for the U.S. Department of Health and Human Services. This is the first update to the OIG compliance guidance that was originally issued in 1998 for hospitals only.
Mexico for Indian Companies With a rapidly growing middle class, a dynamic business environment, and strong governmental support for overseas ventures, Indian companies are well-positioned to tap into international markets. Based on our firm’s collaboration with partner law firms in Mexico and my observations and conversations with entrepreneurs and lawyers on my recent trip to
