Author Archives: John DiGiacomo

What is a Common Law Trademark?

What is a Common Law Trademark?

Trademark

Trademarks are any sort of logo, word, phrase, design, mark, or another thing (such as a color) that identifies a unique manufacturer of a product or provider of a service. These identifying marks, words, logos, or designs become legally protected property once they begin being used in commerce. Trademarks are legally protected from being used […]

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Non-Compete Agreements: When the FTC Won’t Let You Be

Non-Compete Agreements: When the FTC Won’t Let You Be

Corporate

Two trailer park employees go round the outside, round the outside… Guess who’s back? Shady’s back—and by that, we mean the legality over non-compete agreements. Recently, the Federal Trade Commission put out a press release notifying everyone of a new proposed rule that would effectively ban noncompete clauses and could potentially raise employee wages by […]

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I Have Been Cyber-Smeared: Is It Worth Suing for Defamation?

I Have Been Cyber-Smeared: Is It Worth Suing for Defamation?

Internet Law

In many cases, yes, it IS worth suing for defamation. This is very true if the defamation has caused significant monetary losses. Online defamation — often called cyber-smearing — is particularly pernicious and can significantly undercut a person’s or a company’s ability to attract customers and business opportunities. If you have been cyber-smeared or otherwise […]

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How Much Do Copyright Lawyers Take in Fees From a Copyright Settlement?

How Much Do Copyright Lawyers Take in Fees From a Copyright Settlement?

Copyright

The amount of fees that a Copyright Law Firm — like Revision Legal — will take from a copyright settlement depends on the fee arrangement agreed to between the client and the lawyers. Further, if litigation is filed, the U.S. Copyright Act allows for the prevailing party in the case to be awarded their “reasonable […]

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What is a Suggestive Trademark, and Why is it a Good Choice?

What is a Suggestive Trademark, and Why is it a Good Choice?

Trademark

In general, there are five types of word or phrase trademarks that are on a spectrum of strength and distinctiveness: fanciful, arbitrary, suggestive, descriptive, and generic. Fanciful word trademarks are made-up words like EXXON and PEPSI. The words have no other meaning than the association that the words have with the product or service being […]

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U.S. Trademark Clearance Search: What is a TESS Trademark Search?

U.S. Trademark Clearance Search: What is a TESS Trademark Search?

Trademark

When your business is creating a new trademark, before beginning use, you must ensure that your trademark is not already being used AND that your proposed trademark is not “confusingly similar” to a trademark already in use. Why? First, if you use another company’s trademark without permission, you engage in trademark infringement. Your business will […]

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Can I Sue for Defamation in Kentucky Without a Lawyer?

Can I Sue for Defamation in Kentucky Without a Lawyer?

Internet Law

The answer is “no.” To begin, Kentucky corporations, limited liability companies, and other types of corporate entities MUST hire lawyers to prosecute and defend litigation. Thus, for those types of entities who may be suing for business defamation in Kentucky, the answer is a definite “no.” Further, there is a statutory bar to corporate entities […]

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