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Articles in the Litigation Category

Entities, Headline, Intellectual Property, Internet Contracts, Licenses, Litigation, Marketing »

[8 Jun 2009 | No Comment | ]
A Guide To Cease and Desist Letters

The problems began in 2006 when web designer Terry Wilson launched a small business to market her custom-made laptop cases. Because the cases were designed to protect a laptop, like a pod protects a seed, and because she perceived “pod” to be an appealing buzz word, Wilson dubbed her product the TightPod, registered a trademark and began making sales at the domain of the same name. To her surprise, she received a letter from Apple, the company first to file for the trademark “pod”, requesting that she cease using the TightPod name and undertake the costly procedure of rebranding her product.

Contractors, Contracts, Employees, Headline, Litigation, Organizational Structure »

[19 May 2009 | No Comment | ]
The Risks Of Hiring An Independent Contractor

In 2007, a 23 year-old woman hailed a Greater Houston Transportation cab and asked the driver to take her home. He began to drive toward Kingwood, a suburb outside of Houston where she lived, but ignored her request to make the exit. When the woman threatened to call the police, the driver grabbed her phone and threatened to rape her. She escaped by jumping out of the moving cab. The driver was an ex-convict who had served several prison terms for a number of felonies, including assault. Although the woman survived, she claimed that she suffered from post-traumatic stress syndrome and filed a lawsuit against Yellow Cab, the regional taxi company that employed the driver.

Arbitration, Contracts, Headline, Intellectual Property, Internet Contracts, Litigation, Marketing »

[14 May 2009 | No Comment | ]
Taking Names: How To Deal With Cybersquatting

Herbal tea manufacturer Traditional Medicinals wanted to market a trademarked laxative tea product called Smooth Move at the website SmoothMove.com. In 2008, the California-based company tried to register the domain but discovered that the domain had already been claimed by WorldWide Media, an entity which had “parked” the domain with a website showing ads to visitors. Rather than rebrand its product or register a different domain, Traditional Medicinals initiated an arbitration proceeding against WorldWide Media asserting that the domain had been registered in bad faith.

DBA, Entities, Headline, Litigation, Organizational Structure, Vendors »

[7 May 2009 | No Comment | ]
Personal Assets At Risk

The excitement of launching a business can be as overwhelming as the day-to-day demands of making the new venture work. At the outset, it can be difficult to imagine that a new product, vendor deal or client account could lead to complications that would put your personal assets or, worse yet, the personal assets of your loved ones at risk. This is the kind of nightmare scenario faced by business owner Nicola DiCosola and his wife when an appellate court affirmed a $1.2 million judgment against DiConsola as an individual.

Contracts, Employees, Entities, Intellectual Property, Licenses, Litigation, Vendors, Working with Lawyers »

[29 Apr 2009 | No Comment | ]
Indemnifying The Taco Bell Chihuahua Dog

In 1996, a licensing manager for Taco Bell attended a trade show and came across a cartoon Chihuahua dog character called “Psycho Chihuahua.” The manager expressed an interest in using the character for its marketing campaigns, but after numerous focus groups and extensive discussions with the creators of the character, Taco Bell decided not to close a deal with the creators of the character.