Business owners often ask me if they should “trademark” the name of their business. The good news for many of them is that they already have a trademark. There is no such thing as “trademarking” your company’s name. When you choose a name under which you will provide a particular good or service, you are adopting a trademark. In the U.S., you obtain rights in that trademark by using the mark in commerce in connection with the sale of goods or services. You do not have to register your trademark to have rights in it.
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What the New Generic Top-Level Domains Mean for Your Brand
At the beginning of this year, the Internet Corporation for Assigned Names and Numbers (ICANN), the entity that manages the Internet’s global domain name system, began releasing new generic top-level domains (gTLDs) such as .restaurant, .news, .computer, and .coffee. As many as 700 new publicly available gTLDs will roll out through 2015.
Washington Law Against Discrimination (WLAD) Extends Employer Liability for Religious Discrimination
The Washington State Supreme Court today announced its decision that Washington employers with 8 or more employees can be sued under the Washington Law Against Discrimination (RCW 49.060.120) for failing to offer reasonable accommodations to their employees religious beliefs, Kumar v. Gate Gourmet, Inc.
Supreme Court Approves the Practice of Prayer Leaders Opening Town Meetings
Today the very sharply divided US Supreme Court approved a small town’s practice of inviting ministers and other faith leaders to provide opening prayers prior to beginning a town meeting, even though the prayer leaders were overwhelmingly Christian (four non Christians led prayer over a period of nine years). The 5-4 decision found the prayers […]
Volunteers for Profit?
U.S District Court for the Southern District of New York dismissed Chen v. Major League Baseball, a class action asserting wage rights for volunteers at the MLB All Star Fan Fest.
Supreme Court Reaffirms the Definition of Wages
The United States Supreme Court issued a decision today in US v. Quality Stores, confirming that severance payments made to involuntarily terminated employees are “wages” and subject to taxation under FICA.
EEOC Issues Guidelines to Employers on Accommodating Religious Dress in Workplace
One of the most frequent sources of questions we face deal with accommodating religious dress. The EEOC (Equal Employment Opportunity Commission) has just released informal guidelines to assist employers in meeting their legal obligations entitled Religious Garb and Grooming in the Workplace: Rights and Responsibilities.
Merely Advertising Your Services Is Not Enough to File A Use-Based Application
The Trademark Trial and Appeal Board (Board) granted Playdom Inc.’s petition for cancellation of registration for the mark PLAYDOM for certain entertainment services on the basis that the registration was void because Registrant David Couture had not used the mark in the rendering of the entertainment services prior to filing his Section 1(a) use-based application.
Religious Exemption Upheld
The Washington State Supreme Court issued an opinion today in Ockletree v. Franciscan Health Services affirming that exempting religious organizations from the Washington Law Against Discrimination does not violate Washington’s Constitution, which guarantees “absolute freedom” in matters of religion.
Discussions About Minimum Wage Reach National Stage
Many of us are aware of the recent discussions about an increase in local minimum wage, including a minimum wage of $15/hr in SeaTac for hospitality and transportation worker, or a $15 minimum wage for Seattle city workers.