Dear Doc: What’s Up Doc? A thumb! So what does it take for a text message to become a legally binding contract? Signed,Sorta Worried Dear Sorta: One of the first things you learn in law school (provided you’re paying attention) is that in order to have a contract, you need an offer, acceptance of the […]
Tag Archives: contracts
A month ago, we were at work and school. Grocery stores were full of toilet paper, hand sanitizer, flour, and milk. “Flattening the curve” meant that I needed to lose a few pounds. The coronavirus (COVID-19) pandemic has now swept through the United States like a hurricane. Businesses have been shuttered, supply chains are stretched […]
Emoji Madness
January 18, 2018
Internet Law
An Israeli landlord places an online ad for an apartment and obtains a response from an interested renter. According to reports, the renter wrote (original in Hebrew): Based upon several follow-up communications, the landlord removes his online advertisement. A few days later, the would-be renters disappear. What’s a landlord to do? He’s a businessman so […]
IPad Trademark Disputes Continue to Haunt Apple
February 29, 2012
Trademark
Trademark lawyers often enjoy following trademark disputes involving famous trademarks. If you haven’t heard about Apple Computer’s court battle over ownership rights for the “iPad” trademark in China, read on. The Chinese owner of the “iPad” trademark is not Apple but a beleaguered video display manufacturer known as Proview. In 2001, Proview obtained rights to the […]
Who Owns Your Invention?
May 26, 2011
Patent
James Joyce (no, not the author) learned the hard way that selecting your form of business and assigning ownership are crucial steps in promoting an invention. Mr. Joyce invented a new computer firewall and granted an exclusive license in the patent to TechGuard Security LLC, which was owned by Mr. Joyce and his wife. Mr. […]
A popular method for protecting and managing intellectual property (“IP”) assets — high valued assets, in particular — is to transfer them to a special company created for the purpose of creating, protecting, licensing, and monitoring, IP. Typically, a corporation may create a subsidiary to hold its IP, which it may license back to the […]
With the economy slow to recover, many firms, both for-profit and not-for-profit are offering summer internships, rather than paid positions. Sounds good, right? The employer gets free labor, and the intern gets experience and resume enhancement. What could be better? Well, it turns out that paying a fair wage could be better because both federal […]
Eyjafjallajokull — Force Majeure
April 28, 2010
Lipton Weinberger & Husick Blog
The interruption caused by Eyjafjallajokull has been devastating. Putting aside the personal inconvenience and expense suffered by airlines, passengers and the travel and vacation industries, the consequence to other businesses has been far reaching — missed deliveries and shipments, upset production schedules, canceled meetings, delayed or canceled business deals, and more. Believe it or not, […]
Don’t Go Naked When Assigning a Trademark
March 31, 2010
Trademark
So you want to sell your trademark to another business. You can do that because trademarks are considered property and may be bought and sold. But trademarks are also special kinds of property and one must use care when crafting the sale so that it is effective and enforceable by both parties to the transaction. […]
Lessons Learned – Read Your Software Licenses Carefully!
November 26, 2009
Licensing
A recent case before the United States District Court of Appeals demonstrates how important it is for companies to understand their software licenses when planning mergers and reorganizations. Novelis Corporation learned the hard way when it completed an internal corporate restructuring. Here’s what happened in Cincom Systems, Inc. v. Novelis Corp., 581 F.3d 431 (6th […]
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