by Stephen Kennedy | Dec 23, 2015 | Blog
The Court of Appeals for the Federal Circuit has issued its ruling in In re Tam. In a surprising move and with a 9-3 vote, the panel ruled that the Lanham Act’s disparagement provisions are unconstitutional because they constitute an impermissible restriction on...
by Stephen Kennedy | Dec 23, 2015 | Blog
A. Basic Overtime Rate: The Fair Labor Standards Act (“FLSA”) mandates that all employees not “exempt” from overtime pay be paid overtime for all hours “actually worked” in excess of 40 in any single workweek at a rate of 1 ½ times the “regular rate” of pay. This...
by Stephen Kennedy | Dec 2, 2015 | Blog
Up next in our discussion on the strength of your trademark are marks that fall under the “Suggestive” category of the spectrum. Suggestive marks differ from merely descriptive marks because they do more than just describe a characteristic or quality of the...
