In July, the Cleveland baseball team announced that it would be changing its name to the “Cleveland Guardians” and submitted a trademark application on an intent to use basis with the United States Patent and Trademark Office (“USPTO”). Apparently, however, the Cleveland Guardians Roller Derby (“Roller Derby”) had already been using the “Cleveland Guardians” mark […]
Non-fungible tokens (“NFTs”) represent a rapidly-growing industry in the online space, with sales exceeding $10.7 billion in the third quarter of 2021 alone. NFTs are unique and frequently one-of-a-kind digital files, such as images or short videos, that use blockchain technology to establish verified proof of ownership. If you are interested in creating and selling
Why You Need an NFT License Agreement Read More »
Over the past few years, there has been a concerted effort by the US Department of Labor and state attorneys general to target businesses that misclassify employees as independent contractors. Utilizing independent contractors can, under some circumstances, help to reduce payroll expenditures and limit potential employment-related lawsuits and liability. However, courts and regulatory agencies have increasingly ruled against businesses’
Classifying Your Workers as Independent Contractors or Employees Read More »
Before reintroducing the McRib in its restaurants on November 1st, McDonald’s created an NFT (short for non-fungible token) giveaway to celebrate the 40th anniversary of launching this seasonal sandwich. By turning its attention to the Internet, McDonald’s was able to secure an audience infatuated with the newness of NFTs, as well as connect with loyal McRib
How the McRib Became An NFT Giveaway Read More »
What is a Work-for-Hire? A “work made for hire” (“work-for-hire”) is a work created by an employee as part of her or his job and, in some circumstances, an independent contractor, where all parties agree in writing that the work created by such an indepedent contractor should be considered a work-for-hire. A work-for-hire is considered
Work-For-Hire Clauses and Agreements: One Key to Intellectual Property Ownership Read More »
By Zachary Zagger for Law360 Law360 (November 3, 2021, 9:05 PM EDT) — New Jersey voters this week shot down a constitutional referendum to allow sports betting on in-state college teams, a move that came as a surprise to legal experts and could reveal lingering concerns about undermining the integrity of college sports. The Garden
KMT’s David Klein Weighs in: Surprise NJ Vote Shows NCAA Betting Concerns May Linger Read More »
The limited liability company (“LLC”) has quickly become one of the most popular corporate vehicles for start-ups and other new ventures. While there are some drawbacks (such as the number and type of investors permitted, and limitations with going public), the LLC combines the tax advantages of a partnership (no corporate level tax) with the
Why Operating Agreements Are a Must for Any New LLC Read More »
On October 22, 2021, the Federal Trade Commission (“FTC”) published an enforcement policy statement on negative option marketing. Soon thereafter, on October 28, 2021, the FTC issued a press release explaining that its guidelines are meant to serve as a warning to businesses against employing deceptive sign-up tactics and/or illegal dark patterns that trap consumers
FTC Guidelines on Negative Option Marketing Released Read More »