Legal Blog

Misleading and Profane Language Precludes Trademark Registration

Posted by Brandon Selinsky on Jul 21, 2015 6:40:09 PM

Some examples of what will preclude trademark registration? 

When designing or searching for a mark to represent a product or service, a savvy business owner knows to research that mark against existing ones for clearance against possible infringement. But a search alone is not always sufficient. In this article, we look at section 1052 of the Lanham Act, which primarily addresses aspects of a mark that would preclude trademark registration.

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Topics: Trademark Law, Intellectual Property

Clearly Unreasonable Contracting Officer = Attorney's Fees and Costs

Posted by Joseph Whitcomb on May 12, 2015 8:59:00 AM

What Should I Do If Faced with a Clearly Unreasonable Contracting Officer?

Federal contracting officers have broad discretion – within the limitations and unreasonable contracting officerallowances of the FAR. But, COs must respond in writing to claims filed by contractors. If they do not, they are violating the FAR and contractors are eligible for attorney's fees and other costs and penalties. A recent federal appellate court decision reveals that egregious breaches by unreasonable CO renders the FAR immaterial and courts will rely on the common law of contracts to make contractors whole.

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Topics: Appellate Law, Government Procurement

Equitable Estoppel Defense in Intellectual Property Infringement Claim

Posted by Joseph Whitcomb on May 12, 2015 8:38:00 AM

Can an Equitable Estoppel Defense Win the Day in Intellectual Property Infringement Casesequitable estoppel defense

This blog post will be the first of a series dealing with this subject. In completing my LLC (Master of Laws) in International Business Transactions at the University of Denver Sturm College of Law, I spent the last 4 1/2 months studying the subject of Intellectual Property rights in an International Business Transactions setting. This series of blogs will be about the International Trade Commission’s treatment of four affirmative defenses over the last ten years: Collateral estoppel, waiver, laches, and acquiesces. The author’s method of research involved reviewing a sampling of 85 International Trade Commission (ITC) decisions issued since January 1, 2005. Most of these cases involved hundreds of filings and some were filed by Fortune 100 companies. What this blog will deal with are the affirmative defenses raised in these cases, the elements of those defenses, and the Administrative Law Judges’ (ALJs’) treatment of those defenses.

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Topics: International Business, Copyright Law, Trademark Law, Intellectual Property

Copyrights and Work Done for Hire

Posted by Joseph Whitcomb on May 12, 2015 7:52:01 AM

Work Created for My Employer Eligible for Copyrights?

When you create a work that is normally protected by U.S. copyrights law, you normally assume that protection yourself, as the creator. But this is not always true. In the case of a work made for hire, the employer or other person for whom the work was prepared is considered the author and owns all of the rights that comes with the copyrights unless the parties have expressly agreed otherwise in a signed document.

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Topics: Copyright Law, Intellectual Property

SBA and FAR Council Shortfalls Cause Subcontracting Limitations Confusion

Posted by Joseph Whitcomb on May 12, 2015 2:28:04 AM

The New(ish) Subcontracting Limitations

In January 2013, Congress enacted 15 USCA § 657(s), which in its relevant part states (1) in the case of a contract for services, may not expend on subcontractors more than 50 percent of the amount paid to the concern under the contract. (see 15 U.S.C.A. § 657s (West) ) This statute was meant to clear up confusion created by the old FAR provision, 48 C.F.R. (FAR) § 52.219–14 (2002), which states, in part, that “[a]t least 50 percent of the cost of contract performance incurred for personnel shall be expended for employees of the concern.” One commenter on the old FAR provision wrote:

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Topics: Government Procurement

CVE Denies CS-360's Access to VetBiz VIP Database

Posted by Joseph Whitcomb on May 11, 2015 4:00:00 AM

Déjà Vu All over Again

In 2012 the US District Court for the District of Columbia remanded CS-360, LLC’s case back to the Department of Veterans Affairs “for further consideration and exclamation of its decision to deny Plaintiffs application” for registration in the VetBiz VIP database. Upon reconsideration, the VA once again denied CS-360’s application to be included in the VetBiz VIP database. CS-360 again challenged the VA’s determination in the Federal District Court. This time, unfortunately for CS-360, the Court granted the VA’s motion for summary judgment, sustaining the Agency’s denial of the applicant company’s conclusion in the Veterans First program.

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Topics: Service Disabled Veteran Owned Small Business (SDV, Government Procurement

Crafting a Trademark Application for Your Craft Brew

Posted by Joseph Whitcomb on Apr 14, 2015 3:18:57 PM
<em>Authored by <a title="Brandon Selinsky" href="http://whitcomblawpc.mystagingwebsite.com/attorneys/brando-selinsky-trademark-and-copyright/" target="_blank">Brandon Selinsky</a></em>

Brewing Trademark Applications

Brewers and brewery owners, be diligent in your naming. The collaborative solidarity of the brewing community fissured long ago. It’s not gone--there still exists a wonderful collection of craft beer producers who will walk 10 miles uphill both ways in a snowstorm to loan you a sack of grain. Great value exists in fostering and supporting that community. But protect yourselves. You operate a business. Just as you lock your doors at night to protect your brewing assets, so should you do what is necessary to secure your company’s intellectual assets.

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Topics: Government Procurement, Trademark Law, Intellectual Property

Veterans Have to Play to Get Paid-The Rule of Two

Posted by Joseph Whitcomb on Apr 14, 2015 12:33:00 PM

Satisfying the Rule of Two

The Veteran's Administration (VA) is a frequent target for criticism. However, veterans themselves are responsible for some of that criticism because they fail to participate in programs designed to benefit them. For example in the case of VA procurements where veterans mistakenly assume there will be set-asides for veteran owned businesses. The VA will only set aside procurements for veterans if there are veteran businesses that are registered to compete for these procurement opportunities and the contracting officer can satisfy the rule of two requirement using normal market research. However, if the VA, or other federal agencies, seek veteran-business sources and find none the federal government is under NO obligation to set aside procurements.

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Topics: Service Disabled Veteran Owned Small Business (SDV, Government Procurement

Latvian Wins SBA Bid Determination of Non-Responsibility Protest

Posted by Joseph Whitcomb on Apr 14, 2015 11:26:00 AM

Fed-Bids Determination of Non-Responsibilitydetermination of non-responsibility

Kevin Barnes, the service connected veteran owner of Latvian Connections, filed a pro se pre-award bid protest with the GAO against FedBid, Inc. FedBid, was acting as an agent for the Department of the Interior, U.S. Geological Survey, in a reverse auction platform and had suspended Latvian, because Latvian had in FedBid’s terms “taken actions to repeatedly and purposely interfere with FedBid’s business relationships. “ FedBid continued:

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Topics: Service Disabled Veteran Owned Small Business (SDV, SBA Bid Protest, Bid Protests, Government Procurement

Whitcomb Law to Represent Colorado Springs on Legal Ethics Issues

Posted by Joseph Whitcomb on Mar 27, 2015 6:25:57 AM

Whitcomb Law, PC is very pleased and proud that the City of Colorado Springs Independent Ethics Commission recently selected our firm as one of nine in the State of Colorado to represent the Commission on legal ethics issues. According to the Request for Proposal, "The law firm or individual attorney would act as the legal advisor to the Commission when the City Attorney determines in her sole discretion that the City Attorney's Office will not act as the legal advisor."

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Topics: Firm News

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Whitcomb Law, PC is dedicated to helping business owners maximize benefits, while minimizing risks.  We strive to provide content on this blog that is up-to-date, relevant, and easy to read.  We enjoy reading your feedback especially when it helps us improve the way in which we serve you.

Our sources of information include

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    • SBA rule makers
    • Center for Verification and Eligibility
  • Corporate Governence
  • Employment Issues
  • International Business Transactions
  • Intellectual Property Issues
    • Copyright Laws
    • Trademark Registration and Protection

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