Milgrom & Daskam Blog
A patent is an intellectual property right that grants the owner the right to exclude others from making, using, importing, offering for sale, or selling the patented invention in the United States for a limited period of years. A patent does not grant the owner the right to make, use, import, offer for sale, or sell the patented invention.
Businesses, beware! Copyright infringement can happen anywhere, even on the biggest sports stage: the 2022 Beijing Olympics. Two U.S. Olympic figure skaters, Alexa Knierim and Brandon Frazier, were sued last week for copyright infringement by the musical artist, Heavy Young Heathens, for using their song without permission. The lawsuit also names as defendants Comcast Corporation, NBCUniversal Media, LLC, Peacock, USA Network, and U.S. Figure Skating. The lawsuit was filed in California for the skaters’ use of the song, “House of the Rising Sun,” which the musicians allege was used without their permission for the skaters’ short program in the Olympics. Heavy Young Heathens state they have not received any payment for use of the song, causing them “substantial, immediate, and irreparable injury.” Interestingly, one of the damages alleged was that the song’s use in figure skating has forever linked it to that sport, which limits its future use.
When an LLC member claims bankruptcy, or otherwise becomes insolvent, it can pose problems for the LLC and other members. Many operating agreements contain provisions addressing this scenario, which often allow for the other members to immediately purchase the membership interests of the bankrupt or insolvent member. The buy-out process is often automatic, meaning the insolvent member has no choice in the selling of their membership interests. This is a harsh remedy, appropriately reserved for situations where the bankrupt or insolvent member is in serious financial peril.
On January 1, 2021, as part of the federal Anti-Money Laundering Act (the “AMLA”), Congress enacted the Corporate Transparency Act (the “CTA”) in an effort to increase corporate transparency. The CTA requires certain companies to file information on their businesses, including “beneficial ownership” information, with the Financial Crimes Enforcement Network (“FinCEN”). The impact of the CTA on companies and those who would be required to report information has not been clear. However, on December 7, 2021, FinCEN issued a Notice of Proposed Rulemaking to establish the regulations that would implement the CTA, and provide additional clarity on which businesses would be considered “reporting companies” under the CTA.
The rapid spread of interest in non-fungible tokens (“NFTs”) has created a billion-dollar industry as buyers bid to own the latest digital artwork and sellers cash in on the craze. However, for many buyers and sellers the intellectual property laws implicated by NFTs go unnoticed which could have costly repercussions.
This focus on the benefits of AI follows a longer societal trend where there is increasing recognition that AI has countless untapped benefits. Whether it was Alphazero demonstrating new playing styles in chess, dramatically improving efficiency in insurance writing and claims processing, or countries using facial recognition to monitor their citizens, AI is and will continue to fundamentally change the world.
Just a few weeks ago, Denver residents were asked to vote on Denver Ballot Issue 303. A YES vote on the ballot measure would have required the city to perform enforcement sweeps of unauthorized camping sites within 72 hours of a complaint being filed, while also creating a process for individuals to bring a civil action against the city if they failed to do so. The ordinance would also have limited camping on public property to four designated areas which the city would have been responsible for servicing with utilities.
We are a law firm. We are not an organization working hard to legislate, educate, and raise money for environmental causes. Yet, we live on this planet, too. It is our home. And just like mom shouldn’t be the only one responsible for cleaning the kitchen, we all have a responsibility to care for our home. We can all do our part to reduce our carbon footprints, drive less, recycle more, waste less, etc., but how can we make an even greater impact?
When considering a real estate acquisition, prospective buyers will face a host of issues that must be vetted to ensure the transaction is successfully executed. This blog post will focus on a few of the key considerations during this process.
The process of protecting your intellectual property can be daunting, especially for first-time business owners. However, a legal expert can navigate the nuance of trademark law and get you an application without too much headache or strain on your pocketbook. Any successful company has trademark registrations. If you go through this process at the onset, it is much less expensive than spending a lot of time and money branding your company only to realize that you are infringing upon someone else’s mark and must rebrand. The following steps are laid out to explain the process of registering a trademark.
When should you seek patent protection? When you have an idea? A prototype? A product? It is often a misconception that you need a prototype or product to seek patent protection. While you cannot obtain patent protection for a mere idea, you can, in fact, file a patent application with an idea (and no prototype or product), so long as the idea is sufficiently concrete.
As COVID-19 continues to rage across the country, the question of vaccines – and whether they can be imposed on an individual or not – is a hotly debated topic. Folks have strong opinions on both sides of the discussion. Some stand for individual liberties, arguing the individual’s choice is more important. Others argue for the collective, contending that one person’s liberty should not come at the expense of exposing the group. As an employment lawyer, I get a lot of questions from my clients asking whether they can force their employees to get the COVID-19 vaccine. As we’ve written about in prior blog posts, the answer is a qualified yes.
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