Sat.Mar 16, 2019 - Fri.Mar 22, 2019

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The “Likelihood of Confusion” Test for Trademarks: What to Know When Creating Your Brand

McBayer IP Blog

Posted In Trademark The purpose of a trademark is to provide your business with a unique identifier on which to build your brand. Trademarks then help you to stand out in the marketplace. It’s only fitting, therefore, that one of the key elements of trademark infringement under the Lanham Act, also known as the Trademark Act, is the likelihood that consumers would be confused by a mark that is similar in some way to the potentially-infringed trademark.

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Brilliant Strategy Preserves Willful Exaggeration Claim

GDB Firm Blog

When a lienor releases its lien, or discontinues its lien foreclosure action, any counterclaim for willful exaggeration of the lien dies along with it. But one contractor devised a brilliant strategy for foiling the subcontractor's plan.

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Non-Interest Bearing? Then Make Sure That You Say So

GDB Firm Blog

If your bank is holding money in an account and you do not want to pay interest, make sure that your agreement to hold the funds says so IN WRITING! In December 2018, a New York appellate court decided that loan documents for a revolving line of credit were ambiguous when the documents only stated that cash collateral would be held in a "Business Money Market Account." The bank apparently argued that it was free to pay 0.01% interest on such an account.