A few years ago, I filed a Motion to Compel Rock, Paper, Scissors – and the court granted it. The matter involved representation of a customer who had hired a contractor. The contractor’s written agreement contained most of the terms you might find in any services agreement, but very likely had never been reviewed by…
Now that we have several Covid-19 vaccines in distribution throughout the U.S., employers and employees may be equally unsure as to whether an employer can require employees to take a vaccine and what documentation may an employer require to demonstrate proof of vaccination. Several employers, including health systems are providing financial incentives to employees to…
When negotiating services agreements with a covered entity who holds or controls protected health information, such as a healthcare provider or businesses that service healthcare providers, IT services companies are often asked to execute a Business Associate Agreement or BAA. A BAA is an agreement that governs the use of protected health information by a…
Attorney Thomas Walsh has been named a 2015 Rising Star by Super Lawyers®. From Super Lawyers: Super Lawyers selects attorneys using a patented multiphase selection process, where peer nominations and evaluations are combined with independent research. To be eligible for inclusion in Rising Stars, a candidate must be either 40 years old or younger or in practice for 10…
I came across this article from the Minneapolis/St. Paul Business Journal’s Clare Kennedy earlier this week regarding Minnesota craft brewer 612Brew‘s recent trademark issue with the Motion Picture Association of America. According to the article, 612Brew renamed its “Rated R” Rye IPA to “Unrated” after the brewery received a cease and desist letter from the Motion Picture…
Today’s United States Supreme Court Opinion in Kirtsaeng v. John Wiley & Sons, Inc. endorses arbitrage and the free market over the rights of copyright-owners to lawful, downstream sales of copyright-protected works most anywhere in the world. In a 6-3 Opinion written by Justice Kagan, the Supreme Court authorized the importation of works protected under…
Conversation in the micro and nano brewing community in Denver has not been focused on the latest new brewery or recent beer competition, but rather on a trademark dispute. The dispute involves Massachusetts-based Strange Brew, LLC and well-regarded Denver microbrewery Strange Brewing Company. The United States Patent & Trademark Office issued trademark registration number 3227867 to…
This past Sunday, several hundred million people around the world were treated to a feast of top-class European domestic football competition. The scheduling Gods aligned such that the Milan derby (Inter Milan v. A.C. Milan) in Serie A, Le Classique (Paris St. Germain v. Olympique Marseilles) in France, and El Clasico (Leonel Messi v. Cristiano…
According to the Denver Business Journal (here) and the Chicagoist (here), global brewer Anheuser Busch filed trademark applications with the U.S. Patent & Trademark Office to associate the three-character airport code for 42 U.S. airports with beer. On May 1, 2012, Anheuser Busch filed an intent to use trademark application for DEN, the three-digit IATA…
Earlier this morning, ICANN released information related to the 1,900+ applications for new gTLDs. See the full list here. It seems that many prognostications regarding certain applied for strings have borne out. There are a few surprises as well. Applications span the spectrum of .brands, generic terms, and geographic or ethnic designations. This list will…
