Litigation

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

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

Employment Law Tips

Most businesses need to deal with employment issues on a daily or weekly basis. The following are some tips to remember when dealing with employees in the hiring, firing, and disciplining processes.

Federal and state law prohibit the discrimination based on race, color, national origin, gender, and religion. Discrimination cases are classified […]

By |January 14th, 2015|Business Legal Services, Litigation|Comments Off on Employment Law Tips

Colorado Employment Law: At-Will Employment

In the United States, employees who serve an employer without a written contractual agreement generally can be fired for any reason. This is called “employment-at-will.” Federal and state statutes, such as Title VII, the Americans With Disabilities Act, and numerous other similar acts provide statutory restrictions on the ability to fire employees for […]

By |January 14th, 2015|Business Legal Services, Litigation|Comments Off on Colorado Employment Law: At-Will Employment

Boosting Your Recovery for Bad Checks

Colorado has a statute that governs recovery of damages for checks not paid upon presentment. C.R.S. ‘ 13-21-109. This section provides that any person who obtains money, merchandise or property or any other thing of value who makes a payment (other than in a consumer credit transaction as defined by statute) by making […]

By |January 14th, 2015|Business Legal Services, Litigation|Comments Off on Boosting Your Recovery for Bad Checks

The Homeowner Protection Act of 2007

On April 20, 2007, Governor Ritter signed into law House Bill 1338 entitled “The Homeowner Protection Act of 2007″ (“HPA”). This new legislation significantly impacts the ability of construction professionals to contractually limit their exposure to damages and remedies for residential construction. “‘Construction professional’ means an architect, contractor, subcontractor, developer, builder, builder vendor, […]

By |January 14th, 2015|Litigation, Real Estate|Comments Off on The Homeowner Protection Act of 2007

Litigation Pilot Project Aims at Reducing Costs

Beginning in January 2012, the Colorado Supreme Court implemented the Colorado Civil Access Pilot Project (“CAPP”). The purpose of the pilot project is to determine whether revised litigation rules and procedures will enhance the ability of the courts to move certain business cases to trial or other resolution more speedily and at less cost. […]

By |January 14th, 2015|Litigation|Comments Off on Litigation Pilot Project Aims at Reducing Costs

Getting the Insurance Company to Pay

Insurance protects you from unexpected losses. Two aspects of insurance are critical: first, purchasing the right type of insurance and second, obtaining payment for losses.

In recent years, insurance companies have become less profitable and the insurance industry, generally speaking, has experienced limited growth. Therefore, insurance companies have an incentive to cut costs whenever […]

By |January 14th, 2015|Litigation|Comments Off on Getting the Insurance Company to Pay

Pursuing Creditor’s Claims in Bankruptcy

Bankruptcy filings continue to be common in Colorado and the rest of the country. Mallgren & Ferrell, P.C. has experience assisting creditors to maximize their recovery even if a party files bankruptcy and attempts to avoid paying the debt owed. The following article provides a general overview of the most common types […]

By |January 13th, 2015|Bankruptcy, Litigation|Comments Off on Pursuing Creditor’s Claims in Bankruptcy