1. When Court Powers Supersede the Will of the Parties

    On May 18, 2018, the Ninth Circuit affirmed a district court’s grant of summary judgment on an issue raised sua sponte by the court, despite the fact that the parties had negotiated and agreed that the defendant would not seek summary judgment on the issue. On December 22, 2011, the plaintiff in the case on appeal was shot three times by defendant Officer Silvio Macias following a traffic stop, …Read More

  2. 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 free speech. The plaintiffs contend t…Read More

  3. 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 for its New Routine sportswear, the brand featured image…Read More

  4. Re-Filing Trademark Applications Can Be A Way to Solve Examiner’s Rejection Which You Think Has No Proper Basis

    When your trademark application is being rejected by an Examiner as being confusingly similar to another registered mark, you may disagree because you feel the registered mark is not that similar to your mark or because the goods and services between the marks are very different.  However, no matter how hard you explained this to the Examiner (i.e., through response to Office Action), the Examine…Read More

  5. Patenting Software/Mobile Application

    As of 2017, there are about 2.8 million of mobile applications on Google Play, and 2.2 million on Apple App Store according to Statista (https://www.statista.com/statistics/276623/number-of-apps-available-in-leading-app-stores/).  There is no doubt that the number will keep increasing in the following decades, and software developers who want to try to apply patent for their mobile apps will incr…Read More

  6. Dispute Resolution Strategies

    There are four common approaches to settling legal disputes:  Direct Negotiation; Mediation; Arbitration and Litigation.  Which one is right for you? Direct Negotiation:  Works best in instances where the dispute is of fairly minor character and small in dollar amount, or where the disputing parties have an ongoing relationship that they don’t want to disrupt.  In these situations, there is …Read More

  7. “Dilbert” On Contracts

    As those of you who know me well, or have caught my article or presentations on it, I’m evangelical about writing and revising contracts in understandable, conversational English. To me, a contract's primary objective is to be a clear set of instructions. This puts the parties on the same page about its subject matter, and their rights and obligations under it. They can then work in tandem towar…Read More

  8. Duty to Disclose Information Material to Patentability

    Under U.S. Patent Law, and very much to Patent Law in other countries as well, Patent Applicants have the duty to disclose all information that is material to the patentability of their Patent Applications. This mandatory disclosure is generally done by submitting Information Disclosure Statement (IDS) form to the Patent Office. Most of the time, information material to Patentability are referring…Read More

  9. Importance of “Boilerplate” Terms in Contracts

    The term “boilerplate” in contracts is often used to refer to miscellaneous terms and provisions, which don’t concern the main terms and conditions of the agreement.  For that reason, boilerplate provisions are often ignored or given short shrift by parties to contracts.  This is a mistake because boilerplate terms can be critical to resolution of disputes relating to the underlying contra…Read More

  10. What Contractors Need to Know Under the California Right to Repair Act

    The California Right to Repair Act, commonly known as SB800 is a bill that became effective as of January 1, 2003 establishing a mandatory procedure that must be used by homeowners who have construction defect claims against the builder, subcontractor, product manufacturer or design professional of a new construction (for the purpose of this article, let’s refer to all parties on the side of the…Read More