What's in a name? Beer names can be funny, creative, and whimsical.
But with the growing popularity of craft brewing, it's becoming increasingly difficult to come up with a name that isn't already taken.
In Part 1 of...more
In addition to all its natural beauty and opportunities for outdoor recreation, Western North Carolina has more lately become known for its abundance of excellent craft breweries. ...more
So you did all the hard work that was necessary to get a new business off the ground. And you formed a new business entity with the Secretary of State to conduct that business, such as a corporation or limited liability...more
On May 1, 2020, in Winston Affordable Housing, LLC v. Roberts, the North Carolina Supreme Court clarified the law surrounding a landlord's acceptance of rent after issuing a non-renewal notice because of the tenant's breach...more
What happens if you are a trademark licensee and your licensor files for bankruptcy protection?
Can the licensor unilaterally terminate your license and prohibit you from using the license – even if you're in the middle of...more
7/18/2019
/ Bankruptcy Appellate Panel (BAP) ,
Bankruptcy Code ,
Breach of Contract ,
Commercial Bankruptcy ,
Debtors ,
Exclusions ,
Executory Contracts ,
IP License ,
Mission Product Holdings Inc v Tempnology LLC ,
Rescission ,
Reversal ,
SCOTUS ,
Section 365 ,
Split of Authority ,
Trademark Licenses ,
Trademarks ,
Trustees
Cannabidiol (commonly referred to as "CBD") has been in the news for several years now, due to its touted health and wellness benefits.
This is especially the case since the Agricultural Act of 2018, or AIA, became law in...more
3/25/2019
/ America Invents Act ,
Cannabidiol (CBD) oil ,
Controlled Substances Act ,
Decriminalization of Marijuana ,
Food and Drug Administration (FDA) ,
Intellectual Property Protection ,
Marijuana ,
Marijuana Related Businesses ,
Trademark Registration ,
Trademarks ,
USPTO
Your community association ("Association") probably invests substantial resources in protecting and maintaining its green spaces, facilities, and other common elements.
But what about its good name? If your community is of...more
You have a great idea for a product or service and dream of putting that idea to work by starting a business. Once your dream has become reality, however, and your business starts to grow, it will not be successful for very...more
Nearly all Community Associations ("Associations") must cope with owners who fail or refuse to pay their periodic assessments (also known as "Dues"). When this happens, the Association, typically acting through its property...more
6/1/2017
/ Association Dues ,
Community Associations ,
Consumer Protection Laws ,
Debt Collection ,
Debt Collectors ,
Debtors ,
FDCPA ,
Federal v State Law Application ,
Property Managers ,
Strict Liability ,
Unfair or Deceptive Trade Practices
This article continues the discussion in an earlier article addressing the scope of copyright protection as it applies to useful goods under copyright law. At the time the first article was written, Varsity Brands, Inc. v....more
4/20/2017
/ Cheerleaders ,
Copyright ,
Copyright Infringement ,
Copyrightable Subject Matter ,
Fashion Design ,
Fashion Industry ,
Graphic Designs ,
Popular ,
SCOTUS ,
Section 101 ,
Separability ,
Star Athletica v Varsity Brands ,
The Copyright Act ,
Uniforms
Lenders cannot revive a guaranty obligation discharged in bankruptcy with a subsequent modification or forbearance agreement, even with new consideration; and attempting to do so may lead to lender liability exposure....more
Any company that allows third-party users to post or link content to its website, mobile applications, or other online platforms must understand and comply with the new Digital Millennium Copyright Act ("DMCA") safe harbor...more
United States copyright law protects original, creative expression fixed in a tangible medium, such as sculptures, paintings, and musical recordings. But, subject to limited exceptions, copyright protection often does not...more