Beware of Trademark “Registration” and “Directory” Schemes

Beware of Trademark “Registration” and “Directory” Schemes

Uncategorized
Yesterday, I received a frantic e-mail from a client for whom my law firm had just filed a new trademark registration with the United States Patent & Trademark Office (USPTO). It seems the client had received a letter from an organization identifying itself as "WTP", which came in the form of a very serious looking invoice for her to pay $1,420 dollars for "Reproduction of Trademark". A "Trademark Publication" Letter from WTP In the middle of this missive, was the drawing of the mark which we had submitted in the original Trademark Electronic Application System application. Oh look, it even has the application's USPTO Serial Number! The client was understandably concerned, as her startup had already paid the TEAS filing fees for two International Classes, not to mention my legal…
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Can I Tape Record a Conversation Like in ‘Succession’?

Can I Tape Record a Conversation Like in ‘Succession’?

Popular Culture, Privacy, Uncategorized
HBO's "Succession" is one of my favorite shows going, and easily one of the best things on TV. It's not even a debate. The subplot of a recent episode, in which one of the less scuzzy supporting characters (Greg) secretly tapes his conversation with far sleazier boss (Tom) in order to have evidence of Tom ordering him to destroy, well, evidence, provided a fine excuse to cover the question: Is it illegal to secretly tape record your live conversation with someone? Arizona is a "One-Party" State No, I am not talking politically.  When it comes to recording a conversation you're having, Arizona is what is known as a "one-party" or "single-party" consent state. Under Arizona Revised Statutes §13-3005, it is a felony for you to intentionally "intercept" a conversation or…
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Dead Wood: 4 Things to Help LLC Owners Avoid Unproductive Members

Contracts, Limited Liability Company, Operating Agreement, Uncategorized
When LLC business owners later decide to take on partner or partners, they can easily lose sight of what can happen if the partnership doesn't live up to expectations. Recently, a situation that came to our Phoenix business law firm illustrates the importance of thinking through the planned partnership and what can go wrong when you don't consider the possibility of the partner to-be under performing expectations (or not performing at all). LLC owner decides to add partners A few years ago, our business owner (we'll call him "A") started LLC (the "Company") to operate her service business.  A built out the business into a highly profitable one and was eventually approached by outsiders B and C to become part owners in the Company.  Partner C owned a successful business…
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Arizona’s Corporations & Blockchain Technology Law, One Year On…

Arizona’s Corporations & Blockchain Technology Law, One Year On…

Bitcoin, Blockchain, Corporations, FinTech, Uncategorized
UPDATE: The Arizona Corporation Commission has informed us that, as of May 21, 2018, the new upgraded E-filing Database System (which will hopefully resolve some of the issues mentioned in this post) will be going live. A year ago, Arizona Governor Doug Ducey signed HB 2417 into law. The law was intended to clean up confusion over the enforceability of transactions utilizing blockchain technology and smart contracts under Arizona law.  Specifically, the law aimed at transactions involving the sale of goods, leases, and documents of title governed respectively under Uniform Commercial Code (UCC) Articles 2, 2A and 7. In doing so, Arizona took a major step forward relative to its sister states in supporting blockchain technology, including moving closer to allowing corporations to submit data through the decentralized, distributed ledger…
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The Handmaid’s Fail: Can Trademark Dilution Exist in Lingerie?

Trademark, Trademark Blurring, Trademark Dilution, Trademark Infringement, Uncategorized
One of my favorite things on premium television is streaming network Hulu's adaptation of Margaret Atwood's bestselling dystopian novel “The Handmaid’s Tale”. After a highly acclaimed (13 Emmy nominations, 8 wins) debut season, the online series had its much-anticipated Season 2 premier last week. For those who have not yet seen the show or read the novel, THT tells the story of Offred (played by the always fantastic Elizabeth Moss), a “handmaid” living in a future totalitarian, theocratic state that has replaced the good 'ol USA.  For reasons neither the show nor novel get into, the wives of Gilead’s ruling elite (all men, naturally) have been rendered barren and, as a result, fertile women like Offred (who is married with a young daughter of her own) are kidnapped and forced…
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