GarthFerrell

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So far Garth Ferrell has created 36 blog entries.

PTO Says Pass on the Churrascos! Generic Terms Are Never Trademarks – Even if You Have a Registered Mark

A recent decision by the Federal Circuit Court has reiterated that generic terms should never be used as trademarks.   In Re Cordua Restaurants, Inc., 2016 WL 2786364 (Fed. Cir. May 13, 2016)(“Cordua”).

In the Cordua case, the company received in 2008 a registration for the service mark CHURRASCOS in connection with “restaurant and bar services; catering.” […]

By |June 22nd, 2016|Intellectual Property, Litigation|Comments Off on PTO Says Pass on the Churrascos! Generic Terms Are Never Trademarks – Even if You Have a Registered Mark

Evictions in Colorado – A Surprise Regarding Non-Monetary Defaults

Evictions in Colorado

Evictions in Colorado are governed by the forced entry and detainer (“FED”) statutes, C.R.S. § 13-40-101 to 126.  As discussed below, some are surprised that leases may waive the demand for compliance with respect to non-monetary defaults.

The FED statutes seek to strike a balance between the need of landlords to obtain possession of […]

By |June 20th, 2016|Uncategorized|Comments Off on Evictions in Colorado – A Surprise Regarding Non-Monetary Defaults

Selecting a Strong Trademark for a Product or Service, Part 2

What is an Appropriate and Strong Trademark for my Product or Service?

The choice of an appropriate and strong name for a product or service is mostly a business decision, but legal consultation can assist in the process to make sure you choose a name that has a strong inherent strength. This can help protect you […]

By |June 3rd, 2016|Uncategorized|Comments Off on Selecting a Strong Trademark for a Product or Service, Part 2

Selecting a Strong Trademark for a Product or Service, Part 1

Why should I care about selecting a good trademark for my product or service?

 

A trademark is a name associated with a product or service that distinguishes the source of that product or service from other sources in the same line of commerce. Remember, you or your company is the “source,” and the whole purpose of […]

By |May 27th, 2016|Uncategorized|Comments Off on Selecting a Strong Trademark for a Product or Service, Part 1

“Upward” and “Downward” Limited Liability

Personal liability arising from business activities is often referred to as “upward liability.” The term “upward liability” refers to damages arising from business operations that subject a business owner to personal liability. The creation of a limited liability entity, such as a corporation, limited liability company (“LLC”), or limited liability limited partnership (“LLLP”) protects business […]

By |January 14th, 2015|Business Legal Services|Comments Off on “Upward” and “Downward” Limited Liability

Social Networking on the Internet

Social networking on the Internet has become a popular and common practice. Social networking consists of the use of the Internet to promote one’s personal or professional profile, to convey one’s personal view of events both mundane and profound. Because such information provides insights to the individual, employers have become increasingly interested in […]

By |January 14th, 2015|Business Legal Services|Comments Off on Social Networking on the Internet

Reducing Litigation Costs By Contract

Potentially, litigation costs can be reduced by contract. How? By carefully crafting an appropriate alternative dispute resolution (“ADR”) provision into your company’s contracts. This article discusses the basics of such provisions, and explains the ADR process.

Contractual Limitation Litigation Costs
Companies that frequently engage in contractual relationships with third parties in the course of […]

By |January 14th, 2015|Business Legal Services, Litigation|Comments Off on Reducing Litigation Costs By Contract

Protecting Your Business With Trademarks

Commentators generally focus on asset protection and tax strategies when discussing the issues to consider when forming a business entity. For example, in our previous newsletter we discussed the asset protection provided by various forms of business entities. Unfortunately, even the best structured business entity may be forced to cease use of its […]

By |January 14th, 2015|Business Legal Services|Comments Off on Protecting Your Business With Trademarks

Phantom Stock Plans

The tax treatment of incentive compensation plans is one of those areas of the tax code that is fraught with complications and pitfalls. A Phantom Stock Plan is one way to provide incentive compensation to key employees on a simplified basis that avoids many of the common tax and legal implications of other forms […]

By |January 14th, 2015|Business Legal Services|Comments Off on Phantom Stock Plans

Lilly Ledbetter Fair Pay Act of 2009

The Lilly Ledbetter Fair Pay Act of 2009 (the “Ledbetter Act”), signed in January, 2009 by President Obama, modified the application of the statute of limitations to Title VII of the Civil Rights Act of 1964 (“Title VII”), the Age Discrimination and Employment Act (“ADEA”), the Rehabilitation Act of 1973 (“Rehabilitation Act”) and the Americans […]

By |January 14th, 2015|Business Legal Services|Comments Off on Lilly Ledbetter Fair Pay Act of 2009