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Benefits Bulletin
New Law Promotes ESOPs and Expands Benefits for S Corporations
Signed into law at the end of 2022, the SECURE 2.0 ACT of 2022 includes provisions that, in general, favor and promote employee ownership through Employee Stock Ownership Plans (ESOPs).
ESOPs have long been favored in legislation on a bipartisan basis, and it seems that entrepreneurs and business owners will be able to count on their availability to use as a unique succession planning tool.
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IP BLAWG
Patent Royalty Damages Aren’t Just a Matter of Simple Math
In Brief: Calculating royalty damages for patent infringement isn’t easy; even against a bratty, no-show defendant.
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IP BLAWG
The 2022 Crippys – The IP Criminals Hall of Fame
In Brief: As we enter awards season, it’s time to acknowledge those who achieved infamy in the world of Intellectual Property.
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IP BLAWG
Public Domain Class of 2023
In Brief: Each year, a new crop of creative works go into the public domain. This year, works created from 1927 go into the public domain. The class motto is “The Best Things in Life are Free".
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IP BLAWG
Edison and the Santa Claus Movie
In Brief: Reaching back into IP history, we find that “A Trap for Santa” was at the heart of an IP dispute in the early 1900s.
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IP BLAWG
No Accounting for Mouthwash Taste
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IP BLAWG
Coffee Trademark Case Gets Roasted
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IP BLAWG
Mark Me Zero
In Brief: A patent infringer is not liable for damages incurred before notice of plaintiff’s patent rights.
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IP BLAWG
Court Rains on Parade of Termination Rights
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IP BLAWG
Happy Halloween: Writer of “Friday the 13th” Decapitates His Original Agreement
In Brief: An author has a right to terminate a copyright transfer after a certain number of years.
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IP BLAWG
Zombie Trademarks Live
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IP BLAWG
Fair Use Defense Drowns in a Desert Lake
In Brief: A picture is worth a thousand words but using it may not pass the fair use test.
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IP BLAWG
A Thicket of Patents is Not Antitrust
In Brief: Holding a lot of patents that extend the life of an original patent isn’t’ a monopoly.
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IP BLAWG
OMG AAMOF TXT Are Not ©*
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IP BLAWG
Retailer Gets Caught in the Middle of a CBD Fight
In Brief: Misappropriation of a trade secret requires more than just being in the supply chain.
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IP BLAWG
Spotting a Potty
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IP BLAWG
Eyelash Booster Trademarks Get a Wink and a Nod
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Benefits Bulletin
Guidelines for 401(k) Fiduciaries on Mutual Fund Selection
Fiduciaries who handle investments for self-directed 401(k) plans are increasingly exposed to liability for their investment decisions. Those fiduciaries, including employers and individuals charged with investment selection, are being second guessed in court actions for the investment funds they select.
Although the courts are divided, there are some guidelines that plan fiduciaries need to consider when reviewing their plan's mix of mutual funds offered for participant investment.
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IP BLAWG
Web Scraper’s Harvest is a Bumper Crop
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IP BLAWG
Fixing an Error Doesn’t Fix Patent Infringement
In Brief: A court’s fix of an obvious error in patent claim language can’t be used as a defense to willful patent infringement.
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IP BLAWG
Pinterest Doesn't Get Pinned for Infringement
In Brief: The Digital Millennium Copyright Act’s safe harbor protects Pinterest from copyright infringement for photographs appearing next to ads.
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IP BLAWG
The® Importance of Being The®
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IP BLAWG
Patent World and Contract World Collide
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IP BLAWG
Would Ye Like a Wizard Image Lawsuit?
In Brief: A work that is created for commercial purposes is not protected by the Visual Artists’ Rights Act.
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IP BLAWG
Brewsky v. Brewsky