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While the COVID Pandemic promoted e-commerce and virtual interaction, it has also resulted in an unprecedented surge in TM application and delays in processing times. #trademarks #trademarkattorney #creators #legalforcreators #attorney

Second Circuit analyzes the application of the rule of reason to trademark settlement agreements and the validity of their effect on advertising restrictions under antitrust law.

An electronic signature, or e-signature, refers to data in electronic form, which is logically associated with other data in electronic form and which is used by the signatory to sign.

In general terms, there is no much difference between a written contract in physical form and an electronic agreement. The main difference between an online contract and a contract executed in a more traditional setting is the manner in which the parties interact to manifest their consent. In the context of digital communications, the main problem that the parties face is the potential of misunderstandings as to whether a contract has been formed.

Business judgment rule is a legal principle that makes officers, directors, managers, and other agents of a corporation immune from liability to the corporation for loss incurred in corporate transactions that are within their authority and power to make when there is sufficient evidence to show that the transactions were made in good faith. It is presumed that the directors of the company carry along with them a bona fide regard for the interests of the corporations.

Not all entrepreneurs are ready to engage in the costs associated with a corporation or an LLC. However, there are other options available to get your business started. The first step is to schedule a consultation, once we understand your goals and your vision for the business, we will counsel you with the right strategy.

There are tax and legal considerations when it comes to organizing your business as something different than a sole-proprietorship. Incorporation allows you to protect your personal assets, acquire limited liability, especially in risky endeavors, and take advantage of deductions tax benefits provided to the business. Additionally, start-ups and small businesses that are incorporated have a better chance of getting investors, because no investor want's to be involved in a project that offers to risk limits. 

As a result of the situation of crisis that still affects many countries in the world, India, among those, President Biden issued Proclamation 10199 of April 30, 2021, suspending the entry into the United States, as nonimmigrants, of certain individuals who were physically present in India duri...

One of the most interesting personalities in terms of professions is that of writers. They get involved with a project and rarely stop until they are finished. Considering the effort and dedication involved in developing a good piece, writers should always start by having a clear agreement about each other's rights regarding the collaboration project.

🤔📲 Accordingly to Digitalcommerce360.com in 2020 e-commerce sales hit $791.70 billion up 32.4% from $598.02 billion in the prior year. 🕵️✌️ This means that more business are now competing online. 👩‍🏫To protect their position and the intellectual property associated with their presence online...

The reality is that if you want to look professional and trustworthy before customers, investors, and strategic partners you should have a board of directors or at least a clear structure of corporate governance. If you have a single-owner company you can have a single-member board. 

Despite the benefits of outsourcing, companies are run by their directors, officers, and managers, and their due diligence, care, and good judgment are expected.

A confidentiality agreement often called a Non-Disclosure Agreement or NDA is a legal agreement that protects discussions between parties by specifying what information will be considered confidential and how such information should be used by the recipient. The party disclosing the information is commonly referred to as the “Disclosing Party” and the party receiving such information is referred to as the “Receiving Party.” In order to properly prevent the unauthorized disclosure of any confidential information, each confidentiality agreement should be carefully drafted and negotiated.

On June 15, 2012, the Obama administration announced its intention to launch an initiative for the thousands of immigrants who were brought to the United States as children and who had no immigration status. Since its inception, the measure has not only protected millions of minors but has also been a bold response to the so many times criticized US immigration system.

We have discussed before the importance of having terms of use for your website. It is basically a tool to limit liability.

Every time you think about the use of a website for any purpose, keep in mind that once you publish your website you establish a relationship with the public. The relationship between the public and the website operator or owner must be defined. Otherwise, the website operator will be subject to unlimited risks. To limit the risk exposure and legal liability, websites usually contain Browsewrap Agreements or Clickwrap Agreements.

As a result of the popularity of the word "start-up" and the development of the technologies of telecommunications, trademarks appear to be important only to tech companies. However, this is far from true. Let me give you an interesting fact, J.K. Rowling, the author of the Harry Potter books that have impacted millions of teens around the world, earns millions from the ownership and licensing of several trademarks.

When it comes to doing business the name of the business and trademark used to attract clients are two important matters to resolve. However, it is important to understand that the name of the business and the trademark are not the same, and these two concepts are also different from the logo of the company, although it feels like an obvious thing.

Under the Immigration and Nationality Act (INA) 319(a) a permanent resident who resides in the United States may be eligible for naturalization on the basis of his or her marriage to a U.S. citizen.

You have probably heard many times that no one reads the terms and conditions of a website. Probably no one really understands how important those terms are. The first thing to consider is that the terms and conditions of a website constitute a binding contract. Additonally, a contract is an instrument to administer risks; having one can be as important as having insurance.

The Law Office of Giselle Ayala Mateus, in partnership with Americans for the Arts and over 725 cultural organizations and creative workers, has proposed a 15-action national recovery strategy that the next Administration can use to put creative workers to work—activating the creative economy and drawing upon the creative energies of the country’s 5.1 million creative workers to energize Americans, reimagine how communities can thrive, and improve the lives of all.

Unlike other carriers, the carrier of a writer is a long-term journey that requires patience and resilience. Good writing requires many drafts, the design of an engaging story, the selection of a good theme, and interesting characters' development, among others. Considering this, one of the worse fears of a writer is to have their work stolen.

On February 16, 2021, Governor Cuomo announced that indoor family entertainment centers and places of amusement would be allowed to reopen beginning in late March and April. We are all expectant about how this "new normal" will look like. Along with the news of the reopening different companies and organizations have announced dates for concerts and live performances.

When you become a permanent resident in the U.S. you receive a 10-year green card. After that, when your 10-year green card is expired or will expire within the next 6 months, it's time to renew it. Now, before explaining the requisites to renew the green card and the documents that are required to complete the process, it is important to note that an expired green card doesn't mean you're no longer a lawful U.S. permanent resident. The green card is only the document that demonstrates your legal status in the United States. As long as you don't leave the U.S. establishing your residence anywhere else, you keep that status for life.