Restraint of trade refers to any action that hinders or prevents a business from freely conducting its operations, whether that be for sales, trade, or transportation involving interstate commerce.
That is why it’s important to register your trademark with the United States Patent and Trademark Office (USPTO), which provides nationwide proof of ownership and date of registration in case an infringement case arises.
If you are in the market to sell your intellectual property, the question then becomes what it’s worth. You want to make sure you don’t get cheated in the process by undervaluing what you’re marketing.
Trade secrets can be challenging to protect because they are not registered like other intellectual property. Trade secrets, however, are often the key asset of a business. They confer important competitive advantages to your company and are as important to protect as any intellectual property. David H. Schwartz is an experienced trade secrets attorney who recommends and implements strategies to protect trade secrets and defend employees accused of stealing trade secrets.
San Francisco attorney David H. Schwartz is an experienced commercial litigator representing clients throughout California. From his Bay Area law firm, he has result-oriented representation with an emphasis on being fiscal efficient and having premium-quality client service for more than 45 years.
Both federal and state statutes cover what is termed false advertising. False advertising is kind of a blanket term that covers not only advertising that is patently untrue, but also advertising that is misleading, deceptive, or unfair.
A last will and testament, commonly referred to simply as a “will,” is a legal document through which the will maker divides his or her assets and designates who should get what. It’s not unusual for squabbles to break out among siblings and other heirs over the terms of a will, especially if the will writer was married more than once and had children from different marriages.
Businesses will generally purchase liability insurance to protect themselves against lawsuits and other liability claims. These policies can fall under different categories or names such as general liability insurance, professional liability insurance, and product liability insurance.
Let’s look at a hypothetical. You work at the local branch of a multistate organization. You feel you are being discriminated against because of your race, sexual orientation, or another protected characteristic, so you consider reporting it and taking legal action.
Both California and federal law protect the use of trademarks in commerce. The main difference is that a California registration is protected only within the state, while a trademark registered with the U.S. Patent and Trademark Office (USPTO) is protected throughout the country.