by Stephen Kennedy | Aug 5, 2016 | Blog
The United States Patent and Trademark Office has rejected Whole Foods’ application for the trademark WORLD’S HEALTHIEST GROCERY STORE. Whole Foods filed its initial application on June 23, 2016. In its application, Whole Foods disclaimed any exclusive right to the...
by Stephen Kennedy | Jul 27, 2016 | Blog
The professional exemption to the federal overtime requirements (“Professional Exemption”) is frequently relied upon to categorize employees as exempt from overtime when an employee is functioning in what appears to be a highly skilled capacity. Employers relying on...
by Stephen Kennedy | Jul 1, 2016 | Blog
Introduction Under the Fair Labor Standards Act (“FLSA” or the “Act”), certain employees are exempt from the overtime requirements of the Act. The Act requires that an employee who works in excess of 40 hours during a seven-day workweek get time and one half for all...
by Stephen Kennedy | Jun 17, 2016 | Blog
This morning, the United States Supreme Court announced its decision in Kirtsaeng v. John Wiley & Sons, No. 15-375. We’ve previously covered the briefing in this case here on the blog. In a unanimous opinion authored by Justice Kagan, the Court held that district...
by Stephen Kennedy | Jun 15, 2016 | Blog
Fair use may be used as an affirmative defense against a claim of copyright infringement. Fair use allows usage of a limited amount of copyrighted material without permission from the owner of the work. Examples of fair use may include excerpts from a work for...
by Stephen Kennedy | Jun 13, 2016 | Blog
The Supreme Court has cleared the way for larger enhanced damages awards in patent infringement cases. In a unanimous decision released today, the Court found that the Federal Circuit’s test for determining whether to award enhanced damages is inconsistent with § 284...
