attorney

Subsidized Free Speech

A group of California grape growers/shippers brought an action in the County of Fresno against the California Table Grape Commission, contending that the Commission’s collection of assessments under the Ketchum Act (Food & Agr. Code § 65500 et seq.) to subsidize promotional speech on behalf of all California table grapes violates the growers’ right to…

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From the streets to the courts : H&M Vs. REVOK

In the era of fast communication and social media, Brands have to be extremely vigilant about the message they convey. The fashion industry as the ultimate Industry of appearances is specifically targeted in this regard. Every moves is publicly analyzed, criticized, and H&M is the last “victim” of that public eye watch. In a campaign…

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What is the ‘Right of Publicity”?

Most people have heard of well-known categories of intellectual property law such as trademark or copyright, but there is another type that you might not know, and all of us own one – the right of publicity. Don’t be misled by the word “publicity”; this right does not require you to be a celebrity pursued…

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Homemade Inventions Deserve Patents, Too

In my many encounters with inventors around the country, I find that many believe that patents may only be issued for completely new inventions. However, U.S. patent law does not require that a new product or process to resemble something from a science fiction movie; a useful modification or improvement of an existing device or…

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Not Your Grandparents’ Stock Market

Earlier in 2018, US Attorney General Jeff Sessions made a controversial move to rescind the Obama-era “Cole Memo” which created a safe haven for those state-based marijuana-related operations who were operating in compliance with the regulations of their respective states. As surprising as this move may have been at first glance, the reality is that…

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Using Patents to Establish Brand

Small businesses and especially startups are often well aware of what a patent can accomplish for their businesses; provide a legal monopoly for their inventions for a period of time.  And yet, the effects of a patent can go beyond protection of an invention and can include helping establish a strong brand for the business,…

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Update on Who Gets the Dog in the Divorce

Last year, I wrote about who gets the family pet in divorces in California.  Apparently, the topic was also important to lawmakers in Illinois.  They passed a bill that would allow the courts in Illinois to make determinations of who gets the family pet based on the well-being of the animal.  Below is the language…

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Can My Child Decide Who He/She Wants to Live With?

Child Custody is one of the most important issues to be decide in a martial dissolution matters.  Indeed, parents going through divorce may end up spending tens of thousands of dollars and countless sleepless nights fighting over child custody and visitation.  The issue of child custody has two components: (1) legal custody; and (2) physical…

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Court of Appeal Affirms LA Superior Court’s Decision Not to Allow Husband to Modify Support Obligation Based on a Transfer of His Business to Current Wife and Claimed Retirement

The Second District Court of Appeal affirmed Judge Larua L. Siegle’s denial of a request for modification of support in the case of In re Marriage of Kevin J. and Cathy Berman (http://www.courts.ca.gov/opinions/documents/B272324.PDF), wherein the husband who owned a private investigation firm, had remarried and when he turned 65 years old, he handed the business…

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Priority of Mechanic's Liens

One of the most important aspects of the power of mechanic’s lien is its priority over other liens or deeds of trust.  Generally, liens on property follow the rule of “first in time, first in line” meaning that the priority of liens are determined based on the timing of the recording of the lien.  To…

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