by Stephen Kennedy | Jun 19, 2017 | Blog
The Supreme Court ruled in a unanimous decision this morning that the disparagement clause of the Lanham Act is an unconstitutional violation of the free speech clause of the First Amendment. Justice Neil Gorsuch did not participate in the 8-0 decision, as he joined...
by Stephen Kennedy | Jun 16, 2017 | Blog
Trade dress generally refers to product packaging or the overall general appearance and image of a product. Trade dress can be quite broad and has been used to protect product packaging, websites, buildings, and restaurant interior and exterior design, among others....
by Stephen Kennedy | Jun 13, 2017 | Blog
Most Dallas business lawyers recognize that Texas law does not impose fiduciary duties on the members of a limited liability company. The LLC members are free to impose fiduciary duties upon themselves in an operating agreement, but members take comfort knowing that...
by Stephen Kennedy | May 23, 2017 | Blog
A man in a coffee shop overhears a group of people discussing their new business venture, including the name of their new company. He quickly registers their domain using his smartphone or laptop on the coffee shop Wi-Fi. True story. Don’t believe me? Check out this...
by Stephen Kennedy | May 16, 2017 | Blog
One of the benefits of a limited liability company is that a member’s interest is subject to statutory transfer restrictions, one of which is that a judgment creditor of a member cannot recover the judgment debtor member’s interest. Instead, a judgment...
