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How much do you know about breach of contract? - II

A few weeks back, our blog began discussing how one feature common among most successful business owners is conscientiousness. Specifically, thriving business owners typically do everything in their power to ensure operations run effectively and efficiently, including doing their best to ensure complete compliance with the terms of contracts and executing contracts only with those parties they consider reliable.

We also discussed how despite this attention to detail, legal disputes concerning breaches of contract can -- and do -- arise. To that end, we began examining how breaches occur, as well as the differences between material and immaterial breaches. We'll continue this discussion in today's post.

SCOTUS: Disparagement clause of Lanham Act is unconstitutional

A few weeks back, our blog spent some time discussing a groundbreaking decision by the Supreme Court of the United States in TC Heartland v. Kraft Foods Group Brands, which essentially served to end the practice of forum shopping in patent litigation.

It's proving to be an exceedingly busy term for the nation's high court, at least from an intellectual property perspective, as it handed down yet another groundbreaking decision just yesterday in Matal v. Tam, a case examining whether the rejection of trademarks deemed disparaging violates the First Amendment.

How much do you know about breach of contract?

As a business owner, you are always willing and able to go the extra mile to ensure the continued success of your enterprise. While this, of course, means everything from making good hires and evaluating product performance to investing in advertising and streamlining processes, it also means doing your best to avoid legal problems.

Indeed, you likely do your very best to ensure 100 percent compliance with the terms of contracts and take care to execute contracts only with those parties you consider 100 percent reliable. While this is admirable, the unfortunate reality is sometimes you are simply unable to avoid legal disputes concerning breach of contract.

SCOTUS issues important decision concerning patent lawsuits - II

Last week, our blog spent some time discussing how a 1990 decision by the U.S. Court of Appeals for the Federal Circuit regarding where patent infringement actions may be filed has now resulted in a flood of lawsuits -- many of them dubious in nature -- in jurisdictions known for being sympathetic to plaintiffs.

We'll continue this discussion in today's post, examining how the recent decision by the Supreme Court of the United States in TC Heartland v. Kraft Foods Group Brands has essentially ended this practice of forum shopping in patent litigation.

SCOTUS issues important decision concerning patent lawsuits

Nearly three decades ago, the U.S. Court of Appeals for the Federal Circuit, the Washington D.C.-based patent court, issued a landmark ruling concerning where patent cases may be filed by plaintiffs. Specifically, the 1990 decision held that such suits could be filed anywhere a named defendant has even a minor sales presence.

While the decision had relatively little impact in the ensuing years, this has changed over the last decade owing to the emergence of so-called patent trolls, meaning those companies or individuals that don't actually provide a product or service, but rather generate revenue by suing over any and all perceived patent infringements.

Why are there and what are zoning laws within real estate?

You are a homeowner. How would you feel if your home in suburbia were settled next to a big industrial building? Say you are the owner of a large factory. How would you feel about having to keep the noise level down so your neighbors could sleep?

There are reasons why generally, types of real estate are situated apart from each other. More technically, this matter is a legal matter called zoning laws. Different types of real estate are classified and zoned differently.

Hotel wrongly assumes rights to classic rock song's theme

Sure, as the song says, Hotel California might be "such a lovely place," but that does not mean that any lovely place can assume the name or essence of "Hotel California." The Eagles' rock song is a classic. Some people might assume that a subject of pop culture that is so well-known and ingrained in our culture is meant for all to enjoy and share. 

There is a difference, however, between enjoying and profiting from a cultural artifact. The song "Hotel California" is a form of intellectual property that the band has trademarked. It is a significant source of not just fame but income for the Eagles and others associated with the creation of the song. Parties protect their ideas through intellectual property laws for a reason. Now, the Eagles are exercising that protection in a case against a hotel.

What consumer protection laws do businesses have to respect?

A prior post introduced the business law matter of unfair practices and unfair competition in business. In California and nationally, businesses have to abide by certain standards, even if violating the standards might make it easier to sell a product. 

Ethics in business exist. Businesses are protected through unfair practices laws so that competitors can't rip off their ideas, but consumers are protected by the laws, too. The following are consumer protection laws that help regulate business and provide consumers' certain rights:

'Unfair!' is not just a child's term, but a business term, too

As kids, and even sometimes as grownups, we have to be reminded: "Well, life isn't fair." While most of us have learned the saying is true, what about business? Is business supposed to be fair? 

Within the realm of business law, there are regulations against being unfair. In the U.S., authorities want to protect consumers, as well as the integrity of business practices in the country and within international business transactions. One form of such protection are the laws against unfair competition. But what does that mean?

What do I need to tell about property I am selling? Pt. 2

This post continues a real estate conversation we began in a prior post on our blog. This is the common time of year when people get the itch to either buy or sell property. Therefore, it is timely to discuss real estate law matters that might impact your life. 

Are you trying to sell or in the process of selling your home? If you are leaving your home behind, it is likely because it's not suiting your needs or desires anymore. Still, you want to play the house up in order to sell it. What legally do you have to share with a buyer about the house's possible downsides?

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