Balancing the First Amendment Protection of Artistic Expression Against the Trademark Rights of a Global Brand in the Digital World

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On May 18, 2022, U.S. District Judge Jed Rakoff issued a written decision refusing to dismiss Hermes’ trademark infringement lawsuit against Los Angeles designer Mason Rothschild over Rothschild’s “MetaBirkins” non-fungible tokens (“NFT”).  The case has been closely watched by trademark lawyers and NFT creators because it represents a familiar clash between federal trademark law and the …Read more

Secure and Protect Brand Names, Logos, and Domain Names Before Creating Value in Them

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Once you have formed and organized your new technology company, one of your first tasks should be to secure your commercial rights to the company’s business and essential brand names, logos and domain names while the business is still in the conceptual stage.  When your company is new, and yet to demonstrate it has any …Read more

California’s SB 113 May Offer Valuable Tax Planning Opportunities for Family Businesses

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On February 9, 2022, California Governor Gavin Newsom signed Senate Bill 113 into law.  SB 113 changes several provisions of California’s tax laws that affect family businesses and offer valuable tax planning opportunities that business owners may wish to take advantage of.  Specifically, SB 113 reinstates the business tax credits and net operating loss (“NOL”) …Read more

Productive Uses of ADR to Resolve Disputes in Family Business

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Family businesses enjoy dynamics that don’t exist in other businesses. While there are numerous benefits to a family business, close familial ties can sometimes mean disagreements feel more personal. Familial issues may also arise outside the business that can lead to internal disagreements within the business that can adversely affect the company. Think Yoko Ono. …Read more

Protecting and Enforcing Your Trade Secrets in California and Beyond

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An Award of Injunctive Relief Does Not Preclude Continuing Rights to Monetary Damages The primary objective in filing a lawsuit involving misappropriation of a trade secret is to stop the use and disclosure of your critical business information.  But even if your company succeeds in blocking the use of your trade secrets by obtaining an …Read more

Technology Startups:  Picking the Right Business Entity

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Many technology startups fail, often for commercial or business reasons.  Some startups, however, fail because their founders don’t properly address certain important legal issues that confront their company from the outset.  If you err when confronting legal issues that are critical to your company’s success, it will likely haunt you and your co-founders for the …Read more

10 Tips to Protect Confidential Information When Considering Selling Your Company

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So you’re thinking about selling your company because you’ve finally received an offer you think is reflective of all the hard work you and your partners and employees invested over all those years. It’s inevitable that you will have to share some confidential information about your company with the potential buyers during the course of …Read more