When It Comes to Trademarks, Perez Hilton and I Agree.

Gallup-ing to the Courthouse

The FTC's New Advertising Guidelines Go Into Effect In Less Than Ten Days... Be Prepared!
The FTC recently revised the guidelines it uses to determine the legality of advertisements containing endorsements or testimonials.  If your company uses endorsements or testimonials as part of its marketing strategy, you need to be aware of the changes to the guidelines, or you may be putting your company, yourself and the people endorsing your company’s products or services at risk of violating federal law.  The new guidelines go into effect on December 1, 2009, so if you haven’t adjusted your marketing strategy yet, now is the time to do so. Consider the following examples of com

"No Fault Found" Think Tank - What's Your Opinion?
Recently, I posed the following issue / question to my LinkedIn "No Fault Found" Think Tank:In 2008, retailers saw an almost 35% return rate on certain consumer electronics. Most of the returned products were deemed "no fault found" by their manufacturers. Question: Why so many returns?For those of you who don't know what "no fault found" is, click HERE to read my prior posts on the topic.My friend and esteemed colleague, Scott Storm (owner of Storm Computer) had some great thoughts o

Requests For Proposals - Do It Right Already! (Part I)
Most companies have no idea how to draft a RFP.  On the flip side, most vendors have no idea how to respond to a RFP.  When a poorly written RFP meets an inadequate response, we end up with the perfect (legal) storm of litigation.  (If you like litigation, then stop reading and call your therapist.) Enough already.  Let me teach you some things that will save you hundreds of thousands of dollars.  Maybe more. Caveat: this topic is too big to tackle in a single blog entry, so I'm going to s

Public Information = Trade Secret? Yes, Says the Tenth Circuit.
Trade secrets are your company’s most valuable assets.  But what if your company’s secrets include public domain information?  Does the inclusion of public domain information destroy the secret? Let’s say, for example, your company uses a process that consists of nine steps.  Assume that eight of the nine steps are either in the public domain, or have been disclosed to people outside of your company.  Despite the fact that most of the elements of your company’s process are floating around in the general public, you still want to protect your company’s process as a trade secret.&n

Ambiguity: When Good Contracts Go Bad
Ambiguity is the number one reason why good contracts go bad.  Ambiguity is the gasoline that powers the commercial litigation engine.  It is the coal that’s shoveled into the furnaces that keep litigators warm and cozy at night.  I know that litigation is sometimes a necessary evil—but when litigation arises from ambiguity in a contract, it is not necessary.  It is sad.Case in point: the matter of