Business Law Archives - Romano Law


Category: Business Law

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Can You Trademark a Personal Name?

Naming a business after one’s personal name can be a popular choice, but it is important to consider the legal implications of doing so.  In order for a personal name to be eligible for trademark protection, it must meet certain criteria.  A trademark is a word, phrase, symbol, or design that identifies a brand and

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Automatic Renewal Provisions May Not Be So Automatic…

Many states have recently undergone changes to their automatic renewal law (ARL) that could make businesses reconsider using automatic renewal provisions in their contracts. For instance, a case in 2008 involving Isaac Asimov’s estate and literary agent Trident Media Group (TMG) highlighted the need for businesses to comply with New York’s ARL, codified at New

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Understanding Breach of Fiduciary Duties Claims

There are various business relationships that can create a fiduciary duty from one party to another. This includes partnerships, company officers and directors, principals, and agents. Breaching this duty can lead to litigation. It’s important for parties to understand the responsibilities owed and the circumstances that may lead to a breach, in order to prevent

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Salary Discussions at Work

Talking about salaries at work has often been considered a taboo topic, and employers may even have rules in place to prevent their employees from engaging in such conversations.  However, it is important to know that an employee’s right to discuss their wages is generally protected by law. What Does the Law Say? Under Section

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Hermès v. Metabirkin: Digital Artist Liable for Infringement in Trademark Case Involving NFTs

In one of the first major NFT-related trademark infringement cases to go to trial, a New York federal jury found that a digital artist’s “MetaBirkins” NFTs infringed Hermès’ trademarks.  This case hinged on claims that the NFTs infringed Hermès’ marks protecting its Birkin handbags both in name and appearance.  Notably, the defendant argued that the

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Can You Legally Record a Conversation in Florida?

Recording a conversation is easy these days – but the legality around doing so is not a simple matter.  Cellphones have recording capabilities and there is a wide array of electronic devices for recording available for purchase.  Using these features can raise legal concerns, particularly in Florida which has stricter privacy laws than most states.  If

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Is Your Trademark Distinctive?

Business-minded people often seek to protect their names, logos, designs, and other brand indicators through trademark law.  However, not all marks are eligible for trademark protection.  Federal law requires that a trademark be “inherently distinctive” or have acquired distinctiveness or “secondary meaning” in order to be registered.  These terms of art can be tricky to

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What Fashion Brands Should Know Before Posting a “Click-To-Buy” Image

Emerging technologies from AI to the metaverse are impacting every facet of modern life, and the fashion industry is no exception.  Recently, “click-to-buy” functionality has made it possible – and lucrative – for fashion brands to link a photo of clothing to a website where that item can be purchased.  Adding this new commercial element

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Can a Force Majeure Clause Protect Studios During the WGA Strike?

On May 2, the Writers Guild of America (WGA) began a nationwide strike after contract negotiations with the Alliance of Motion Picture and Television Producers (AMPTP) broke down.  The strike has brought film and television productions to a screeching halt.  Some production companies have started to put their partners on notice that this strike is

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