The scenario is a familiar one – you’re a manufacturer and seller of goods and come to discover unauthorized retailers selling your products at lower prices on websites like Amazon and eBay. These unauthorized resellers undercut your sales, anger your true authorized...
Content By Alex E. Jones
3 Big DOL Changes Employers Need to Know
Much has been happening at the Department of Labor (“DOL”). The DOL under the Trump administration got off to a slow start, but it is now signaling that changes will be forthcoming. In a June 27, 2017 press release, the DOL announced it would restart the practice of...
Supreme Court Rules Refusal to Register Disparaging Trademark Violates First Amendment
By Alex E. Jones Under the Lanham Act, the United States Patent and Trademark Office (“USPTO”) has traditionally denied trademark applications for trademarks which “may disparage… persons… institutions, beliefs, or national symbols….” (U.S.C. § 1052). This is commonly...
DOL Rescinds Obama-Era Persuader Rule
By Alex E. Jones In May 2017, Secretary of Labor, Alexander Acosta, published an op-ed in the Wall Street Journal announcing that the Department of Labor (“DOL”) planned to rescind certain Obama-era regulations. Specifically, the current administration intends to...
5 Ways to Protect Your Business from a Cyberattack
Hackers made international headlines last month after executing a global ransomware attack by exploiting a flaw in Microsoft’s Windows operating system. The malware, “WannaCry,” encrypted users’ files and forced users to pay ransom to un-encrypt them. The cyberattack...
Sixth Circuit Applies Cat’s Paw Theory to FMLA Retaliation Claims
By Alex E. Jones In April, the Sixth Circuit ruled that employers can be held liable for Family and Medical Leave Act (“FMLA”) retaliation claims based on the “cat’s paw” theory. The Sixth Circuit has previously applied the cat’s paw theory to other discrimination...
Congress and White House Roll Back Online Privacy Protections
By Alex E. Jones On April 3rd, President Trump signed a bill repealing online privacy rules that were set to go into effect later this year. The rules were passed by the Federal Communications Commission (the “FCC”) in October 2016. The new rules would have required...
In Landmark Decision, Seventh Circuit Says Title VII Protects Sexual Orientation
By Alex E. Jones On April 4, 2017, the Seventh Circuit Court of Appeals held that Title VII of the Civil Rights Act of 1964 prohibits workplace discrimination on the basis of sexual orientation – the highest court to reach such a conclusion. Title VII prohibits...
Demonstrating Continued Use of Your Trademark Just Got a Little More Difficult
By Alex E. Jones On March 21, 2017, the United States Patent and Trademark Office (“USPTO”) issued a new rule concerning Section 8 and Section 71 trademark affidavits. The USPTO will now issue post-registration Office actions, requiring registrants to submit evidence...
Real Estate Law 101: Open-End Mortgages
What is an Open-End Mortgage? Generally, an open-end mortgage is one that remains open after it has been delivered to the county recorder, and it permits the lender/mortgagee to make advances on the loan that are secured by the original mortgage, but only to the...