Milgrom Daskam & Ellis Blog

This blog should not be construed as legal advice or a legal opinion. It is not intended to create, and receipt of it does not constitute, a lawyer-client relationship. The contents are intended for general informational purposes only, and you are urged to consult your attorney concerning any particular situation and any specific legal question you may have. Please reach out to us if you need help addressing any of the issues discussed in any of Milgrom Daskam & Ellis’s blogs, or any other issues or concerns you may have relating to your business. We are here to help.

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Intellectual Property

Important Considerations for Assessing the Likelihood of Confusion of Trademarks with Foreign Terms

To determine whether a trademark is registrable or whether it infringes the trademark rights of a senior trademark owner, the U.S. Patent and Trademark Office (“USPTO”) and courts, respectively, weigh various factors, called the “du Pontfactors,” to assess whether a likelihood of consumer confusion exists between the trademark and another

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Health Law

SB 25-041 Concerning Consumer Protections in Transactions Involving Medical Care Entities.

Colorado’s 2026 legislative session is now underway, with several key bills introduced affecting healthcare providers and facilities. One bill that should be top of mind for healthcare stakeholders is SB 26‑041, concerning Consumer Protections in Transactions Involving Medical Care Entities (“SB 41”). If passed, SB 41 would have substantial impacts

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Emerging Technologies

Law Firms Are Not Dead Yet! (But the billable hour might be close)

Almost three years ago, I wrote a blog post for our firm entitled “Will Artificial Intelligence Kill All the Lawyers?” The premise of the post was that, for more than ten years at the time (now thirteen), lawyers were considered the most likely endangered species from advances in artificial intelligence.

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Real Estate Law

Protecting Small Property Owners from Long-Term Exposure

Owning a small retail property is often more “hands-on” than many landlords anticipate. When leasing to first-time business owners, you are not just a landlord; you are often an educator. Explaining NNN pass-throughs, common area maintenance (CAM), and usage rights takes time—and if handled poorly, it creates a recipe for

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EMPLOYMENT LAW

Biometric Amendment for Colorado Employers

This summer, Colorado employers will be subject to additional regulations around the collection and storage of biometric identifiers and biometric data. On July 1, 2025, the Biometric Amendment to the Colorado Privacy Act will take effect. While largely targeted at the collection and retention of biometric data from consumers generally,

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Employment Practices Liability Insurance

I am lucky enough to work with some extremely fantastic local businesses in Colorado. Our team works on all sorts of employment issues to help these companies avoid liability and maintain compliance. And these days, with the amount of employment laws that have been recently implemented in Colorado, there is

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INTELLECTUAL PROPERTY

Nintendo and the Limits and Risks of Videogame Patentability

The gaming world has been watching as Nintendo and The Pokémon Company wage a controversial legal battle against Palworld developer, Pocketpair. What started as a joke about Pocketpair’s game featuring “Pokémon with guns” has escalated into a serious discussion about the future of game development—and a recent decision by the

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BUSINESS & CORPORATE LAW

To Disclose or Not to Disclose, That Is the Question

In mergers and acquisition (“M&A”) transactions, disclosure is a critical component of the due diligence process and overall deal success. Seeing what is “under the hood,” so to speak, can separate a deal from going through, stopping in its tracks, or potentially haunting parties post-closing. With this, sellers face an

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Qualified Small Business Stock: 2025 Update

We’ve previously written about Qualified Small Business Stock (QSBS) and the potential tax benefits that come with it if you structure your entity appropriately. The One Big Beautiful Bill Act (OBBBA), which was signed into law on July 4, 2025, expands the tax exemption available for QSBS and now further

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Your First Commercial Lease!

It is simple to sign a lease and stuff it away to (hopefully) never be seen again. It is decidedly less simple to make sure the document protects your business’ interest (and where you are signing a personal guaranty, as is often the case, your personal interests too).

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REAL ESTATE LAW

Protecting Small Property Owners from Long-Term Exposure

Owning a small retail property is often more “hands-on” than many landlords anticipate. When leasing to first-time business owners, you are not just a landlord; you are often an educator. Explaining NNN pass-throughs, common area maintenance (CAM), and usage rights takes time—and if handled poorly, it creates a recipe for

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The Importance of Providing Appropriate Attention to Assignment Provisions when Representing Tenants in Commercial Lease Negotiations

In the current commercial real estate landscape, employers, as commercial tenants, must balance the need to secure adequate facilities to accommodate their business, with the employees’ expectations that remote work options be readily available. On the flip side, commercial landlords must take extra care, despite a willingness to be flexible,

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MORE BLOGS

Tattoos, Copyright Law, and the Doctrine of Fair Use

The murmuring conversation surrounding tattoos as copyrightable art is growing increasingly loud. Tattoos, once stereotyped as a heart surrounding “mom” on a nostalgic sailor’s shoulder, are now coveted artworks which can shape an individual’s identity and how one is seen by the world. Would Mike Tyson’s persona be the same

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tiny home kitchen

6 Tips for Purchasing a Used Tiny Home on Wheels

Home is where the heart is, even if it’s tiny. The tiny home market is massive and continuing to grow, and many buyers opt to purchase used instead of new. While this is a great option, there are a few items that we encourage purchasers of used tiny homes on

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Seek the World Beyond the “All Right”

After teaching in low income schools for four years, I became disenfranchised. I had teacher friends trying to raise their own kids on welfare while they worked full time, and my schools’ administrators repeatedly disregarded my ideas for change. I felt I had no voice, and at the same time

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