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Is Your Business Well Dressed?
Business owners are familiar with the trademark protection available for words and logos that identify a company's products and services. Less well known is that it is also possible to protect the packaging and format of those products and services, as well as various features of a business, under federal trade dress law. A crucial element, says attorney Alan J. Haus, is whether the features are non-functional, and whether they distinctively identify a business so as to distinguish it from competitors.
Elder Abuse Suits� Swelling Wave
Assisted-living cases are keeping health care practices busy, for plaintiffs and for defense lawyers like Gordon & Rees partner John Supple.
It's Prime Time for Videoconferencing in Court
Videoconferencing is fast becoming a critical adjunct to legal practice, from multioffice meetings to depositions to remote court appearances. Frederic Lederer, director of the Center for Legal and Court Technology at The College of William & Mary, describes a pilot program using videoconferencing at a suburban Virginia circuit court to allow counsel to argue routine motions from their desks. If all goes well, lawyers should regain time lost commuting and save clients' money.
Calif. Bar May Require Higher Marks on Ethics Exam
California State Bar leaders, worried that law students aren't being drilled sufficiently on legal ethics, are leaning toward toughening the state's requirements for passing a nationally administered test on the subject. Jerome Braun, the Bar's senior executive of admissions, has said that bar examiners feel "very strongly" that ethics should be greatly emphasized. Several law professors have objected to a proposal to raise the passing grade.Forget 'Grokster' -- Copyright Infringement Remains an 'At Your Own Risk' Activity
While a decision in the Grokster case may be a watershed for peer-to-peer file-sharing, it's unlikely to affect the much more commonplace issue of corporate officers' and agents' liability for copyright infringement. Attorney Alan J. Haus says many officers and employees assume that liability for the acts they perform in the course of their employment stops at the corporate door. They don't realize, he says, that in many circumstances, they can be held personally liable for copyright infringement.Database Security Breaches: Legal Liability
Many businesses compile extensive databases of consumer information. Since 2003, California has imposed responsibilities on companies if their data's security is compromised. But the law has only received widespread publicity this year, in the wake of breaches at LexisNexis, ChoicePoint and other companies. The issue not only impacts firms' operations and marketing, but also their potential legal liability, says attorney Alan J. Haus.Water dispute victory surprised advocate
A California judge recently invalidated a set of contracts allocating water rights in the southern region of the state. The contracts, reached in 2003, followed years of dispute over water flowing from the Colorado River into the Imperial Valley, an agricultural region in southeastern California. Much of the river's supply was allotted to cities including Los Angeles and San Diego.TRENDING STORIES
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