Milgrom & Daskam Blog

Copyright Law

To Register or Not to Register: The Benefits and Limitations of a Trademark Registration

The moment you begin using your trademark in U.S. commerce (for example, with the sale or exchange of your goods and/or services), you establish what is called “common law” trademark protection. While you have certain rights in your trademark upon use, there are various limitations to common law rights and we almost always recommend seeking registration of your trademark. Trademark registration affords you with greater rights not available under common law, though there are certain limitations on those rights, as discussed below.

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Copyright Law

A Sriracha By Any Other Name…

Sriracha, a fiery red sauce that has captured the taste buds of spicy food enthusiasts around the world, offers not just a kick of heat but also a fascinating study in the realm of trademark and trade dress law. Originating from the coastal city of Si Racha, Thailand, this sauce has transcended its humble beginnings to become a global culinary phenomenon. However, its journey into kitchens and restaurants worldwide brings to light intriguing legal challenges, particularly regarding its trademark and trade dress.

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Real Estate Law

Mastering Commercial Lease Negotiation: A Tenant’s Guide to Success

Negotiating a commercial lease can be a daunting task for tenants, with significant implications for their business operations and bottom line. Whether securing office space, retail storefronts, or industrial facilities, tenants must navigate the complexities of lease agreements to maximize benefits and minimize risks. In this blog post, we offer invaluable tips and strategies to empower tenants in their commercial lease negotiations, ensuring favorable terms and enhanced peace of mind.

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Real Estate Law

Securing Tenants’ Obligations: Cash is King, Right?

Tenants often need to provide some financial assurance, commonly known as security, to ensure they fulfill their obligations under a commercial lease. Two widely used forms of security are the cash security deposit and the standby letter of credit.

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Miscellaneous

Your Communications with Your Attorney are Always Privileged… Right? Wrong.

Your communications with your attorney are always privileged… right? Wrong.
While the attorney-client privilege is one of the oldest and most sanctified of privileges, it is not without exceptions. Now adays, when you communicate with a family law attorney, an attorney assisting you with estate planning, or an attorney representing you in a civil case,you are often doing so via email. But you can unintentionally waive the privilege if you communicate with your lawyer from your work email address, or even from a personal email address accessed on your work computer.

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Business & Corporate Law

The Corporate Transparency Act: A New Era of Accountability Begins January 1, 2024

As previously posted by Jonathan Milgrom, the Corporate Transparency Act (CTA) went into effect when the clock struck midnight on January 1, 2024. This transformative piece of legislation, will reshape the corporate landscape,ushering in a new era of transparency and accountability. This landmark legislation marks a significant step forward in the fight against financial crime and anonymous corporate activities. The central tenet of the CTA is to enhance corporate transparency by requiring companies to disclose their beneficial ownership information to the Financial Crimes Enforcement Network (FinCEN), a bureau of the U.S. Department of the Treasury.

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Blog

Is the End Near for the LSAT?

The “Test-Optional” movement for law school admissions is gaining ground, and the recent Supreme Court case eliminating affirmative action in higher education admissions practices could be playing a part in the change.

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Business & Corporate Law

Business Transition Planning

As a member of the Baby Boom generation, I am advising more and more Millennials who are exploring business acquisitions; primarily involving companies owned or controlled by my Boomer peers. A majority of the estimated 15 million privately owned business in the United States are owned by people born before 1964 and the Small Business Administration (SBA) estimates that around 10 million baby boomer-owned business will change hands in the next few years.

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Blog

ON THE HORN OF A DILEMMA – HOW LAWYERS CAN HELP WITH NON-LAWYER PROBLEMS

Being an attorney means having the privilege to help other people realize their dreams. Usually this means drafting contracts, setting up businesses, and otherwise providing the structure for our clients to live their best business lives. Sometimes, however, it means something more unconventional, and it is here that we can provide the most value as attorneys.

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Copyright Law

Acquired Secondary Meaning: Proving Your Trademark Rights in a Descriptive Mark 

What is a trademark? A trademark is a source-identifier. A trademark can be any word, phrase, symbol, design, or combination of the foregoing that identifies the source of certain goods or services. Not all words are capable of functioning as trademarks. For example, generic terms can never function as trademarks. A generic term is a common term that identifies the good or service itself, rather than identifying the source of the good or service. For example, the term Apple can never be used as a trademark for apples (though it can be used as a trademark for computers). 

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Business & Corporate Law

The Impending Corporate Transparency Act 

In the rapidly changing landscape of corporate governance, the Corporate Transparency Act stands out as a significant piece of legislation aimed at curbing illicit activities and enhancing transparency in company operations. For businesses, investors, and legal practitioners, understanding the Act is vital not only for compliance but also to stay ahead in a market that increasingly values transparency and ethical business practices.

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