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BLSW Tops Expertise.com’s List of Litigators

In Break-ups & Partnership Disputes, Business Transactions, Dispute Resolution, Employment Law, Estate & Probate, Expungement of a Criminal Record, Intellectual Property, Litigation & Lawsuits, Partnerships by Kristy DonahueLeave a Comment

A Ranking in Professionalism, A+ Ranking in Reputation Once again, Business Law Southwest has been recognized by Expertise.com for their outstanding New Mexico Litigation Team ! Expertise’s Selection Criteria: Availability-Consistently approachable and responsive, so customers never feel ignored. Qualifications-Building customer confidence with licensing, accreditations, and awards. Reputation-A history of delighted customers and outstanding service. Experience-Masters of their craft, based on …

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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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Finally, Tiffany v. Costco Has Come To a Close.

In Intellectual Property, Trademarks by Kameron KramerLeave a Comment

Tiffany initially sued Costco in 2013 for trademark infringement. Costco got in trouble for selling rings described as “Tiffany” rings.  Costco argued that using a common name such as “Tiffany” did not constitute trademark infringement as it just described a type of ring setting.  The Court did not agree, granting damages in the amount of $5.5 million to Tiffany & …

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What Are Trademarks & How Do They Work?

In Trademarks by Ben AlbrightLeave a Comment

Trademarks are legally registered symbols that represent a brand of goods or services. There are major differences between owning a trademark and having a registered trademark. As soon as a business begins using a symbol to represent their business activities, they become a trademark owner. To get a trademark registered, a business needs to register with the United States Patent …

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Important Legal Considerations When Selling On-line.

In Business Tips, Business Transactions, Contracts, Copyright, COVID-19, Intellectual Property, Litigation & Lawsuits, Marketing Tips by Kristy DonahueLeave a Comment

Thinking about selling goods or services online?  You should.  If COVID-19 taught small businesses anything, it is the importance of an online presence in order to stay in business!  Learn about the important considerations that come with selling online.  From contract considerations when hiring someone to build a website, using and posting photos, cyber insurance, dealing with negative reviews to …

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What is Trademark Infringement?

In Intellectual Property, Trademarks by Larry DonahueLeave a Comment

A trademark is any word, design, symbol or phrase, that identifies the source of a particular product or service. For example, “Apple Computer” doesn’t indicate a computer generally. It indicates a computer produced by Apple Computer Corporation. The golden arches in front of a McDonald’s Restaurant doesn’t indicate “hamburgers,” but hamburgers produced by McDonald’s Corporation. Many business owners get confused …

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Are Non-Compete Agreements Enforceable in New Mexico

In Non-Compete Agreements, Trade Secrets by Larry DonahueLeave a Comment

The quick answer is “yes,” provided they are “reasonable” and provided they do not restrict certain professions that are statutorily protected. It can be difficult for a business to gain a competitive advantage over their competition. Many successful companies rely on trade secrets to create a product or service that is better for consumers than a competitor’s, but if an …