There are times when disputes between business partners arise, and it can be difficult to settle them without outside help. Mediation is a process that can help to resolve these disputes, and it can benefit both parties. To start, mediation is often cheaper than going to court. It can also be faster and more informal than traditional methods of dispute resolution. This means that it can be a good option for small Read More
Take Care of Your Business Disputes Before They Get Out of Hand
Disputes between business associates can get out of hand quickly, and potentially spell the end for your business if not handled with the urgency and care they demand. These disputes frequently stem from disagreements about the future path of the business, or an owner acting in a manner which causes distrust between partners. However they may arise, resolving these issues in one way or another is critical to the Read More
Not Just a Pretty Face: Some Tips on Protectable Marks in a World of Copycats and Grifters
Most people are familiar with the trademark symbol (™), registered trademark symbol (®), and their service mark equivalents. But most people are likely unfamiliar with the Lanham Act, which is the law behind those symbols. Enacted just a few months after the end of WWII, the Lanham Act established a number of the intellectual property protections upon which businesses depend today to signal and promote the quality Read More
The Peculiar Case of the Cease & Desist
“Stranger Things” was all the rage In 2017. Looking to cash-in on the popularity, a couple of friends launched a “Stranger Things” pop-up bar in Chicago. The bar was a hit with locals. But it was less so with the legal team at Netflix. It wasn’t long before Netflix sent the bar owners a cease and desist letter, threatening to call the bar owners’ moms and citing the horrors of Demogorgon if the bar lingered beyond Read More
Who Do You Think You’re Talking To?
Whether you can sell something as “skim milk” would seem quite straightforward. After all, according to Merriam Webster’s it’s just milk without the cream. But not according to the FDA and even some competitors in the dairy industry, which require the incorporation of additives to enhance vitamin A and D content before a product can be sold as skim milk. A producer who omits these additives in an effort to create a Read More
Avoid Getting Caught in the Middle
Businesses that are reliant on contractors, suppliers, experts and vendors to complete and deliver goods and services to their upstream customers or clients can face unique challenges. These challenges, however, can quickly multiply when contractual obligations the business owes to its upstream customers or clients aren’t harmonized with the obligations owed to the business by its downstream relationships. There are, Read More
The Third Degree: Options When Presented With a Fiduciary Breach That Harms Your Business
Last month, Baker Jenner LLLP published a blog detailing the limited rights of pharmaceutical companies to market products for non-FDA-approved uses, which is still an open question in many courts. The FDA’s authority notwithstanding, companies operating in the FDA space occasionally see it in their best interests to challenge a claim (implied or express) made by a competitor in interstate commerce. The Read More
