Publications

Choosing a Strong Trademark

One of the most common mistakes brand owners make when they have an idea for a name that they want to "trademark" is that the trademark of choice is merely descriptive of the goods or services that the brand owner wants to identify with the trademark. Descriptive marks to help consumers to identify their products and services. However, if an...

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Europe Moving Towards a Single Patent System

On 27 June 2011, 25 member states of the European Union entered into an Agreement which paves the way for a unitary patent system in Europe. Currently, patent applicants who wish to obtain patent protection in multiple European countries must bear the cost of preparing and filing multiple translations in order to have their patents validated in...

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NLRB Issues Final Posting Rule

NLRB Issues Final Posting Rule

By Bruce B. Deadman On Aug. 30 the National Labor Relations Board published a final rule requiring that employers covered by the National Labor Relations Act (NLRA) post a new notice advising employees of their right to engage in collective bargaining activity. The rule states that by Nov. 14, 2011, all NLRA-covered employers must display the...

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When is a Win a Win?

When is a Win a Win?

By Joseph E. Tierney IV A recent State of Wisconsin Court of Appeals case, Falk v. Droegkamp Sales & Service (App Case. No. 2010AP001468, August 17, 2011) focused on a very typical contract provision known as a "prevailing party" clause and whether either party "prevailed". The real lessons from this case appear to be (a) that parties should...

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School Payroll Practices Will Be Affected By Recent Legislation

By D&K's School and Higher Education Law Team 2011 Wisconsin Act 10 changes the way that state statutes apply to wage payments that are made to many school employees. Under current state law, every employer is required to pay every employee all wages earned on at least a monthly basis. In this regard, state statutes specify that wages must be...

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Licensing A Trademark – Even To A Family Member

By Joseph E. Tierney IV In a case that came down earlier this month, the Court of Appeals for the Seventh Circuit reiterated an old saw of trademark law, namely, that trademark owners who fail to control the quality of their licensee’s goods or services stand to lose their trademark. Trademark law requires that decision-making authority over the...

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No – It Probably Isn’t a Work Made for Hire

No – It Probably Isn’t a Work Made for Hire

By Joseph S. Heino So you hired a third party to develop software for your company or to put together your website or even to write a company newsletter. You paid them for those services. You now assume that you own the copyright to the work because it was a "work made for hire." Not so fast. While it is true that, in an employer-employee...

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No – It Probably Isn’t a Work Made for Hire

Google is Doing What With My Trademark?

By Joseph S. Heino Google is making money off your trademarks and letting your competitor's direct business to their websites via its AdWords program. As more than 70% of U.S. internet searches use Google's search engine, Google directs a significant portion of consumers to the products and services they seek. Nearly everyone is familiar with...

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No – It Probably Isn’t a Work Made for Hire

Supreme Court “Punts” on Standard for Business Methods

By Joseph S. Heino In perhaps the most anticipated patent case of the term, Bilksi v. Kappos, the Supreme Court relied on its precedent to find the claimed method in the Bilski patent unpatentability abstract without setting forth any new standard for evaluating patentable subject matter. The Patent Act offers patent protection for "any new and...

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Ten Factors to Remember About Capital Gains and Losses

Did you know almost everything you own, be it for personal or investment purposes, is a capital asset? Capital assets include your home, furnishings, stocks and bonds, and many other assets held for personal use. When a capital asset is sold, the difference between the amount you paid for the asset and the amount for which you sold it is...

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