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Sour Grapes. When Similar Names Create Confusion

In Business Tips, Copyright, Intellectual Property, Intellectual Property, Trademarks by Ben AlbrightLeave a Comment

Stag’s Leap Wine vs. Stags’ Leap: A Tale of Two Wineries Stag’s Leap Wine, product of the Stag’s Leap Wine Cellars rose to prominence in 1973 when it competed against wines around the world in the Judgement of Paris and won. At the time it came as a shock that an American wine could compete against a French wine. This …

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What is the Supplemental Register for Trademarks?

In Business Tips, Intellectual Property, Intellectual Property, Trademarks by Kameron KramerLeave a Comment

The United States Patent and Trademark Office (USPTO) has two registers for trademarks: supplemental and principal. The supplemental register is reserved for descriptive, surname, and geographical marks that do not qualify for the principal register. Ideally you will be on the principal register, but sometimes, you are asked to be on the supplemental register. You can make arguments against the …

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Can I Trademark the Zia?

In Intellectual Property, Trademarks by Kameron KramerLeave a Comment

Us New Mexicans are well aware of the ZIA. It appears on our State flag, in the design of the State capital building in Santa Fe, and is used in numerous other places, by both the government and private entities.  But most importantly, the Zia symbol belongs to the Zia Pueblo, and is a sacred religious symbol, having been used …

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I Received an Office Action for My Trademark Application.

In Intellectual Property, Trademarks by Kameron KramerLeave a Comment

What do I do now? Oftentimes, an office action will be issued by the USPTO after you’ve filed your trademark with one or more rejections. An office action will ostensibly always have a response deadline of 6 months. Some of the rejections are non-substantive whereby the mark is not necessarily rejected, but a response must be submitted in order for …

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What Is Personal Liability? (And How To Avoid It)

In Business Tips, Contracts, Corporate Formation, Dispute Resolution, Litigation & Lawsuits, LLC Formation by Kristy DonahueLeave a Comment

By using LLCs, Corporations, and Insurance to your advantage, you can avoid personal liability. Forming a new business is not enough. Business owners need to engage in a daily practice of proper banking practices, utilizing insurance and proper internal policies to avoid personal liability for company obligations. This workshop is full of helpful hints to keep a business owners’ personal …

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Things To Consider When Preparing Your Settlement Agreement

In Break-ups & Partnership Disputes, Business Tips, Business Transactions, Dispute Resolution, Litigation & Lawsuits by Alicia McConnellLeave a Comment

So you finally found a way to settle that legal dispute you had – congratulations! You’re almost there, now you just need to define the terms of the agreement you reached. Don’t overlook this part of the process – a settlement agreement that fails to adequately describe the parties’ intentions and obligations can lead to additional disputes between the parties, …

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What Is So Important About An Operating Agreement?

In Break-ups & Partnership Disputes, Business Tips, Business Transactions, Departing Partner, Dispute Resolution, Dissolve a Partnership, Lawyer Succession, Litigation & Lawsuits, Partnership Dispute, Partnerships by Kristy DonahueLeave a Comment

It is one of the most important documents associated with your business yet in so many instances it is the least considered.  In fact, a frightening amount of small business owners merely downloaded a generic form and signed it when starting their business with little knowledge as to what was in the document.  The Operating Agreement for your business dictates …

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What You Need To Know About Business in 2021

In Break-ups & Partnership Disputes, Business Tips, Business Transactions, Dispute Resolution, Fraud & Embezzelment, Legal Compliance, Litigation & Lawsuits, Partnerships by Larry DonahueLeave a Comment

Attorney Stephanie Schaeffer advises against “lazy” financial practices among managing members of multiple companies. Since joining BLSW earlier this year, I have worked several matters regarding business member disputes. Some of these disputes could have easily been resolved if the parties had documented their financial action or if they had documented the “deal” they had regarding purchasing membership interest. Still …

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What You Need To Know About Business In 2021

In Business Tips, Business Transactions, Dispute Resolution, Litigation & Lawsuits by Don KochersbergerLeave a Comment

Firm Partner, Don Kochersberger talks about the dollars tied to documentation. Failure to consider how you store and retain your business’ documents can be a very serious and costly mistake.  Even if they have never seen the inside of a courtroom or been involved in a lawsuit, every business owner knows that litigation is ridiculously expensive and something to avoid …

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What You Need To Know About Business In 2021

In Business Tips, Business Transactions, Contract Disputes, Contracts, COVID-19 by Alicia McConnellLeave a Comment

BLSW’s Senior Litigator shares words of wisdom as we head into the New Year. If 2020 has taught us anything, it sure seems to be that we can never fully know what the future will bring. Now that we have seen and experienced the COVID-19 pandemic and the associated fallout that it has brought, we have gained some insight on …