Posted on November 14, 2014 by Julie Brook, Esq.
If you handle business litigation matters, you need to be fluent in the most common business-related torts and their elements so you can spot the issues immediately—to either allege them or defend against them. Don’t feel quite fluent yet? Don’t worry, here’s a checklist of the elements of common business-related torts to keep handy until you master them. Continue reading
Filed under: Business Law, Civil Litigation, Legal Topics, New Lawyers | Tagged: business litigation, business torts, emotional distress, false light, inducing breach of contract, intentional interference with prospective advantage, Negligent Interference With Prospective Economic Advantage, trade libel, unfair competition law | Leave a comment »
Posted on November 5, 2014 by CEB
The following is a guest blog post by Michael J. Thomas, a solo practitioner and founder of Creative Vision Legal, a Bay Area law firm offering legal services tailored to artists, musicians, and small business owners.
Can you trademark a pizza flavor? A recent decision says no and offers a glimpse at the edge of the known trademark universe. The doctrines of functionality and inherent distinctiveness, like the force of gravity or tendrils of dark matter holding the galaxies together, will keep the trademark universe from expanding or hurtling waywardly outward (depending on your view). Continue reading
Filed under: Business Law, Legal Topics | Tagged: business litigation, functionality test, inherent distinctiveness test, Lanham Act, pizza flavor, trademark | 5 Comments »
Posted on October 22, 2014 by Julie Brook, Esq.
Can you state the difference between an idea and the expression of that idea? Don’t worry if it doesn’t slip off your tongue. This distinction is one of the most difficult areas of copyright law but far from academic because copyright law doesn’t protect ideas, but it does protect expressions of ideas. And this distinction remains key to technology copyright cases. Continue reading
Filed under: Business Law, Intellectual Property, Legal Topics | Tagged: business litigation, computer commands, copyright, copyright infringement, Copyright Revision Act of 1976, idea versus expression, idea-expression dichotomy, inventions, new technology, patents | 2 Comments »
Posted on July 2, 2014 by Julie Brook, Esq.
One of the most important factors to consider when taking a case is whether the cost of litigating is likely to outweigh the gain. Even if the potential clients are willing to pay your fee, you may better serve them by saying “No.” Continue reading
Filed under: Civil Litigation, Legal Topics, Litigation Strategy, New Lawyers, Pretrial Matters | Tagged: attorney-client relationship, attorneys, business litigation, filing a lawsuit, litigation, new representation, personal injury, plaintiff's attorney | 4 Comments »