Business Law Archives

Developing a Brand

Protecting Descriptive Brands in Trademark and Trade Dress Law:

A company must be able to defend its marks and dress to ensure a continued, strong association between the company’s products and their source.

By David Scalise, JD, Alexa Koenig, JD, MA and Brandon Carr, JD


SecondaryMeaning_trademark

Secondary Meaning in Trademark and Trade Dress Law

This article, the second in a series focused on trademarks and trade dress, details the doctrine of secondary meaning and its ramifications for businesses.

By David Scalise, JD, Alexa Koenig, JD, MA and Brandon Carr, JD


Passing the baton

Family Business Succession

Passing a business to the next generation requires the appropriate legal tools and a well-designed succession plan.

By Otis W. Baskin, PhD and Roger L. Neu, JD


Nike swoosh

The Quest for Distinctiveness in Trademark and Trade Dress Law

An overview of the critical issue of distinctiveness in trademark law and how a company’s marks and dress can be made as strong as possible.

By David Scalise, JD, Alexa Koenig, JD, MA and Brandon Carr, JD


Gavel on a stack of documents

Lessons from the New Dodd-Frank Financial Regulatory Reform Law

The path to the new Dodd-Frank Wall Street Reform and Consumer Protection Act echoes that of another controversial business reform law, the Sarbanes-Oxley Act of 2002. What can be learned from these two laws and the business scandals that prompted them?

By Larry Bumgardner, JD


An examination of pricing

Price Fixing and Minimum Resale Price Restrictions Are Two Different Animals

Minimum resale price maintenance (RPM) is not “price fixing,” and can benefit companies and consumers if fully informed and strategically employed.

By Paul Gift, PhD


stop

Harassment Prevention Training 2008

By adopting a clear anti-harassment policy and process for handling complaints, an employer may be able to fend off or reduce a costly judgment.

By Jeffrey Schieberl, JD and Charles P. Leo, PhD


Boxes of legal files

Litigate or Arbitrate?

Key points that must be remembered when considering arbitration in an international business dispute.

By Charles Hunt, JD


Silhouettes of veterans

The Employers’ Legal Obligations to Employees in the Military

An overview of employer legal obligations when an employee is called to active military duty or is a member of the United States National Guard or Reserves.

By Jeffrey Schieberl, JD and Charles P. Leo, PhD


Legal library

Alternative Dispute Resolution

An exploration of contemporary Alternative Dispute Resolution (ADR) methods to the resolution of worker’s compensation claims, avoiding conventional litigation.

By Jeffrey Schieberl, JD