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Atlanta Business & Commercial Law Blog

Strategic considerations for defending a trademark

The circumstances of each trademark dispute are going to be different. According to some, it is just as important to focus on how and when to enforce that trademark protection as it is to get it in the first place. The trick is to have a plan about how to handle defense against infringers.

Strategies for enforcement

Using FINRA arbitration to resolve a securities dispute

When a securities dispute arises, the two parties do not necessarily have to take the case to court. Instead of litigation, they may choose arbitration. 

The Financial Industry Regulatory Authority, Inc., or FINRA, regulates and enforces stock exchange operations, and the private corporation also oversees dispute resolution in the form of arbitration.

Employee sues over bullying boss

An employee for the Pennsylvania Transit Authority (PTA) has filed a lawsuit against his employer. The suit, which is filed in federal court, alleges that the employee endured discrimination because his boss’s focus and disdain for him and the fact that he was of Indian origin. He claims that his work environment was so stressful that it caused his heart attack in 2017, which led to a two-month medical leave.

The 30-year veteran of the PTA joined the Business Division in May of 2016, working as the disadvantaged business enterprise manager who reported the disadvantaged business enterprise director.

Intellectual property and work-for-hire rules

As a business owner, you may frequently be in the situation of having others create works on your behalf. You may have employees develop software, create graphics or write content. You may also hire an independent contractor to produce these and other types of works. It is important to know some intellectual property concerns that can arise as a result.

At its most basic, copyright law assigns ownership of a work to the person who created it. When the work in question is your company's logo or custom software, giving an employee or contractor the ability to use it and even sell it to your competitors would adversely affect your business. If a work falls into the category of a "work made for hire," you can retain ownership.

UGG boots once again protected by design patent

UGG boots have been a part of the fashion landscape for longer than a decade. It has had to protect itself from infringement several times over the years, most notably against Romeo and Juliet's (R&J) Bearclaw. UGG’s parent company Decker Outdoor Corporation (DOC) has used a series of design patents to protect its popular moccasin-like winter boot with sheepskin exterior and wool liners. The previous case was settled, but the two companies went back to court recently because of R&J’s new line of boots.

Standing on a design patent

Year-end tax tips to business owners

Most businesses have already familiarized themselves with the change in tax laws, whether it is in preparation for closing out the books for 2018 or paying quarterly taxes. Nevertheless, experts point out that there are some adjustments that can still be legally applied to reduce a business owner’s tax burden this year.

6 tips for an even better new year

Debunking excuses for failed drug tests

Drug testing is important to some employers, particularly if they have staff operating dangerous machinery or workers have access to sensitive information. It can also throw a wrench in the candidacy a promising hire. There are common excuses why someone fails a drug test, including using prescribed medication. However, drug testing and background screening firm provides some insightful tips regarding drug-testing myths.

The most common excuses

The gender gap in the 2018 workplace

The #MeToo movement has impacted the prospects of businesses, arts organizations, government institutions, schools and everywhere else. One thing they all have in common is that women have come forward to share painful and inappropriate behavior of men (although a few women have been named as well).

Woman in leadership roles

Most common business partnership disputes

Many entrepreneurs realize the advantages of establishing a partnership for a business. Before pursuing anything else, partners need to come up with a resolution to determine who is responsible for which duties and how to divide shares in the event of one partner's death. 

However, over the course of business operations, disputes will inevitably arise. While legal assistance can help, it will work in everyone's best interest to try to avoid such disputes entirely in the first place. 

The tax reforms impact on small business’ accounting

It has been nearly one year since President Trump signed the Tax Cuts and Jobs Act. Back then, we initially discussed a couple of major points of how the new law would small businesses, which include the lowering of corporate taxes and a new deduction for pass through businesses. However, more has become clear since then, with the IRS providing guidelines and analysis of the matter, particularly in regards to the cash method of accounting.

The cash method of accounting

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Robert Kaufman has been selected as a 2013 Top Rated Lawyer in ‘Commercial Litigation’ as will be published in the May issue of The American Lawyer & Corporate Counsel magazine.Alex Kaufman has been selected as a 2013 Top Rated Lawyer in ‘Commercial Litigation’ as will be published in the December issue of The American Lawyer & Corporate Counsel magazine.

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