How to Prove “Use” of a Trademark

The world of trademarks can be cumbersome, confusing, and full of legalese.  Our trademark clients often ask us questions regarding the terms of art that we frequently reference in our communication: “use in commerce” and “specimen of use.”  In this article we will try to shed some light to what exactly constitutes use of the mark in commerce and what we mean when we request that you provide us with a specimen of use ... Read More

Washington Redskins, Lady Antebellum – 2020’s Effect on Trademarks

Washington Redskins, Lady Antebellum – 2020’s Effect on Trademarks We can all agree that 2020 has been unprecedented. Most of the world continues to deal with the effects of the COVID-19 global pandemic. Over fifty percent of US office workers continue to work from home. Dozens of US cities have experienced transformative protests against racial inequality. As of the date of this article, we’re only a little more ... Read More

Health & Privacy Concerns as You Return to the Workplace

The world is slowly but surely returning to life, and people around the globe are beginning to wonder what the “new normal” is going to look like.  Media and other resources are feeding us plenty of information on what to expect when government restrictions are loosened enough for the majority of us to go back to work.  The immediate future that awaits us when we return to work is likely going to feel very ... Read More

Best Practices for Returning to the Workplace Post Covid-19

As non-essential businesses start to reopen, public health authorities around the world are continuing to take action to manage the COVID-19 outbreak. Long term success cannot be taken for granted. All sectors of our society must play a role if we are to minimize the spread of this disease. Many businesses will not survive 2020. For those that do, it is crucial that every survivor acclimates. Adapting to life in a ... Read More

How Our Law Firm Accidentally Prepared for the COVID-19 Outbreak

Several of our clients and friends have recommended that we publish an announcement that our firm is “open for business” and that we’re “ready and available” to serve our clients.  It never occurred to us to do that. I am writing this article to explain why, because it illustrates one of our core values so well. CLARK.LAW Core Value #2: Embrace Technology As many of you know, we have worked hard in recent ... Read More

COVID-19 Stay at Home Rules – How Do I Know if my Business is “Essential” and How Do I Prove It?

A growing number of states and local municipalities have issued “stay at home” orders to control the spread of the coronavirus outbreak.  The result is a hodge-podge of local and state directives, and experts predict soon over half of all Americans will be under instructions to stay home. By now most people know that “essential businesses” like food suppliers and healthcare operations are permitted to stay ... Read More

Is Coronavirus (COVID-19) Affecting Your Business? Your Legal Contracts May Save You.

As a business owner or executive, reading through the legalese of your key contracts might not be high on your list of priorities when you’re figuring out how to survive a global pandemic.  I have news for you - buried among dozens of pages of ten-dollars words might be a contract terms of great importance: the force majeure clause. What is a force majeure clause? A force majeure clause in a contract ... Read More

California Consumer Privacy Act: A Natural Progression of Ever-Evolving Data Privacy Laws

Online personal data protection concerns are the driving force behind new regulations around the world.  As new data privacy laws are manifesting in various jurisdictions, businesses in every part of the U.S. are affected.  Last month we published an article on European privacy laws, in particular, the EU’s General Data Protection Regulation and its applicability to the US-based organizations.  In this ... Read More

European Data Privacy Laws – Why Should I Care?

GDPR has frequently been mentioned in the US technology and business news, but most US-based businesses haven’t worried about the details. GDPR (the General Data Protection Regulation) is a European data privacy law that controls collection and processing of personal data of individuals within the European Union (EU).   In an effort to establish digital rights for European Union citizens, the ... Read More

Trade Secrets 101

The world of intellectual property (“IP”) is often an enigma to the general public.  While creations of your mind, works of authorship, names/symbols used in commerce, and various know-hows are likely the most valuable assets of your business, there is still a fairly limited understanding by business owners about different forms of IP.  We regularly receive questions from our clients regarding trademarks, ... Read More