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Conversion Trademarks

Who Owns A Social Media Account And Can A Former Employee Create A Similar Account Upon Leaving?

Who is the rightful owner of a social media account? This has become a very important question no matter whether the account is on Twitter, Instagram, Facebook, Snapchat, TikTok. Disputes commonly arise surrounding the ownership of social media accounts when employees who had access to and used those accounts during their employment are no longer […]

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Trademarks

Purchasing Trademarked Search Terms, On Its Own, May Not Constitute Infringement

Is it considered to be trademark infringement when one company decides to purchase keyword advertisements on search engines or the like, using another’s trademark registrations within the purchased search terms? A new recommendation from a U.S. Magistrate Judge sitting in the Northern District of Texas provides some thoughts on the subject matter. In the case […]

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Uncategorized

Supreme Court Says Yeah, Booking.com Deserves A Trademark Registration

The Supreme Court of the United States has ruled that the United States Patent and Trademark Office (USPTO) improperly denied the registration of Booking.com as a trademark based on the theory that it is a generic term. The main holding by the highest court is that just because a name (like “booking”) is generic, that […]

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Trademarks

CBD Trademarks Now Have Tough Road Toward Registration

The U.S. Trademark Trial and Appeal Board (TTAB) has just issued an opinion that is not going to please individuals and corporate entities in the Cannabidiol (CBD) space. It has ruled, in the case of In re: Stanley Brothers Social Enterprises LLC, that a Colorado CBD company is not permitted to have its trademark registered because […]

Categories
Contracts

How Heitner Legal Assisted Devin Funchess

2015 second round NFL Draft pick Devin Funchess was in the market to purchase a residential property in Florida. When shopping around for lawyers to help ensure that he was fully protected in the process, he landed on Heitner Legal and ended up engaging us to review all contractual documents associated with the transaction. We […]

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Gaming Law

How Heitner Legal Assisted Andrei Kirilenko

During his playing days, Andrei Kirilenko (AK47) was wurthless on the basketball court. He was a first round pick of the Utah Jazz and played for over a decade in the NBA. In retirement, Kirilenko has served as the commissioner of the Russian Basketball Federation. Part of his role in serving as commissioner has been […]

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Business Law

How Heitner Legal Assisted Alex Katz

Professional baseball player and Team Israel participant, Alex Katz, came to Heitner Legal with a business law issue. He had created a very successful sports cleat/turfs/shoe customization company and was having a dispute with his business partner.

Categories
Trademarks

Supreme Court Clarifies That Willful Infringement Isn’t Necessary To Disgorge Profits In Trademark Cases

One of the big reasons why individuals and companies choose to apply for the registration of trademarks is to enforce those registered marks against infringers. By owning a valid trademark registration, one is able to file suit in federal court and seek monetary and/or injunctive relief. The type of monetary damages on the table has […]

Categories
Copyright

States Given Carte Blanche On Copyright Infringement, For Now

Are states completely immune from federal copyright infringement actions brought by individuals? That question was just answered by the U.S. Supreme Court in the case of Allen, et al. v. Cooper, Governor of North Carolina, et al. Frederick Allen recorded videos and captured photographs of a shipwreck off the coast of North Carolina. He registered those works […]

Categories
Contracts

Force Majeure Clause: Contract Language In The Coronavirus Outbreak

Heitner Legal is your one-stop shop for all of your Contract Law needs. Contact us for more information after reading this article. Panic surrounding the coronavirus outbreak has led to many questions surrounding what happens to a contract that was entered into prior to the shutdown in large parts of the world economy. Individuals and […]