• Trademark Expo and Education Event Returning to the USPTO

    The U.S. Department of Commerce’s United States Patent and Trademark Office (USPTO) will once again host its annual National Trademark Expo on Friday, October 19th, from 10:00 am to 5:00 pm and Saturday, October 20, 2012, from 10:00 am to 4:00 pm. at the USPTO’s headquarters in Alexandria, VA. This event advances the agency’s mission in educating the public about trademarks and the value of intellectual property in the global marketplace. The event will highlight the importance of trademarks through educational seminars, exhibits, displays of authentic and counterfeit goods, and costumed characters featuring registered trademarks. There will also be numerous exhibitors ...

    cmandm

    Thursday, September 20th, 2012

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  • Passing on Your Religious Beliefs

    For many people, estate planning isn’t just about financial assets and other practical concerns. It’s also about honoring your religious beliefs and passing those values on to family members. Being a person of a mixed marriage, I can tell you first-hand that this can be very tricky ground. Religious beliefs can affect a wide range of decisions, from end-of-life health care and organ donations, to funeral, burial or cremation arrangements, to the distribution of assets among heirs and charitable bequests. Any of those issues can be a source of passionate disagreement within a family, especially one with varying degrees of religious devotion. So, ...

    cmandm

    Thursday, September 20th, 2012

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  • Deadlines Loom for Potential MTA Payroll Tax Refunds

    The deadline is quickly approaching for businesses that want to pursue refunds on money paid to the controversial MTA payroll tax. New York business owners have to act fast if they want to try and get back all the money they’ve paid toward the MTA payroll tax, though it may be months before an appeals court decides whether the State Supreme Court decision that ruled that the payroll taxes imposed by the MTA on business and institutions throughout the metropolitan area are unconstitutional will be upheld. Businesses will have until November 2, 2012 to file an amended tax return for monies paid between March 2009 and December 2009. The MTA’s Payroll Mobility Tax ...

    cmandm

    Monday, September 10th, 2012

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  • Yellowstone Injunctions… Pitfalls and Perils

    Public policy in New York seeks to avoid forfeiture of leases.1 What is commonly referred to as a Yellowstone injunction is a procedural mechanism used by tenants in furtherance of that policy.2 As succinctly stated by the Court of Appeals: A Yellowstone injunction maintains the status quo so that a commercial tenant, when confronted by a threat of termination of its lease, may protect its investment in the leasehold by obtaining a stay tolling the cure period so that upon an adverse determination on the merits the tenant may cure the default and avoid a forfeiture.3 To obtain a Yellowstone injunction, and ...

    cmandm

    Monday, September 10th, 2012

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  • 11 Business Negotiating Tips

    There are many sources to turn to for resources, tips and advice on mastering the art of negotiations. Inc. Magazine and Inc.com are good places where entrepreneurs and business owners can find useful information, insights, and inspiration for running and growing their businesses. Inc. Magazine has been publishing for more than 30 years. In 1996, they launched Inc.com as a place to access the current online issue of Inc. Magazine, as well as an archive of their back issues. Negotiations are a topic that comes up pretty regularly in the magazine and Web site. You can find tips on a variety ...

    cmandm

    Sunday, September 09th, 2012

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  • What the New gTLDs mean for Trademark Owners

    What is a gTLD? gTLDs are generic top-level domains similar to .com, .net or .org. The current system has 24 gTLDs. Soon, we will be seeing new gTLDs, such as .ART, .NEWS, .STORE, in the largest-ever expansion of the Internet’s naming system. The Internet Corporation for Assigned Names and Numbers (ICANN), the nonprofit organization that manages this piece of the Internet’s infrastructure, has been preparing for this domain name expansion for nearly a decade. In June of 2011, it formally approved the expansion and started planning the application process for new gTLDs. On June 13, 2012, ICANN held a “Reveal Day” event ...

    cmandm

    Wednesday, August 29th, 2012

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  • Planning is Not Just For People

    Owning a pet — any pet — is a substantial investment of time and money. Whether your pet is a rescue, adopted for nothing, or a purebred with a street value of many thousands, you can’t put a price tag on what it’s worth to you. So, you ought to take steps to provide for this family member after you are gone — just as you would for any other. There are a couple of ways to do this, which can be used alone or in combination with each other. Set up a trust If you remember, Leona Helmsley set up a $12 ...

    cmandm

    Wednesday, August 29th, 2012

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  • Improving Business Negotiations

    Most people simply don’t know how to negotiate. Our parents didn’t teach us and their parents didn’t teach them. And despite the fact that negotiations are a daily occurrence, we’re taught nothing about them. Many believe that since we’re not taught we just assumeit cannot be taught.And because we sometimes fear what we don’t understand; we are afraid to learn. But there is good news; we can all improve our negotiation skills. A quote commonly found in negotiation theory books and articles from G. Richard Shell in his book Bargaining for Advantage: Negotiation Strategies for Reasonable People, reads, ” . ...

    cmandm

    Thursday, August 09th, 2012

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  • Keyword Infringement Litigation Heats Up

    Google’s AdWords is a powerful advertising platform. But what happens when a competitor bids on your trademark, or slips your mark and brand name into its website’s metatags in order to lure away a potential customer searching for your business? Not surprisingly, companies who lost the placement wars weren’t too happy and commenced trademark infringement lawsuits against the competitor and the search engine that sold the keyword bids and advertising placement. However, suits against Google and similar search engines died in August 2010, after a District Court’s opinion in Rosetta Stone Ltd. v. Google, Inc., 2010 WL 3063152 (E.D. Va. August ...

    cmandm

    Tuesday, July 24th, 2012

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  • What is a Trust?

    Attorneys, especially estate planning attorneys, talk about trusts all the time. They talk about them as if everyone already understands exactly what a trust is. There is no doubt that trusts have long served as a valuable estate and financial planning tool, since they can meet a number of important planning needs. Since people began using trusts centuries ago, they have mistakenly been regarded as tools for the super-wealthy to protect their fortune. That is certainly true to a degree, but a person doesn’t have to be ‘filthy rich’ in order to benefit from the use of a trust. Well then, what ...

    cmandm

    Saturday, July 21st, 2012

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Fred Eisenbud