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Protecting Your Brand From Online Infringers
The Internet has vastly changed the way we entertain ourselves, shop, communicate, and do business. However, the Internet has also generated many new problems for trademark owners. These new problems have developed because the Internet allows anyone to post almost anything they desire, including materials that infringe upon trademarks. Further, an unscrupulous Internet user can communicate with a far greater audience than could infringers who advertised in the print media. Because trademark infringement on the Internet can take many forms and has the potential to be a large problem, trademark owners should be vigilant in protecting their marks from abuse
on the Internet. The following are actions that a trademark owner can undertake to prevent and eliminate unauthorized use of its trademarks. Learn more.
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Retaliation Redefined
It is well-established that Title VII of the 1964 Civil Rights Act forbids employers from discriminating against employees on the basis of race, color, religion, sex, or national origin. In addition to prohibiting discrimination, the Act also protects employees who complain about discrimination from retaliation by their employers. Most employers readily recognize that firing or demoting an employee for complaining of discrimination is in clear violation of Title VII. However, on June 22nd, 2006, the Supreme Court of the United States effectively broadened the scope of Title VII's anti-retaliation provision and blurred the lines as to which employment
actions rise to the level of unlawful retaliation. Employers must understand that because of this recent decision, retaliation now encompasses more than such ultimate employment decisions as discharge, demotion, or denial of wages. Learn more.
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Electronic Gift Cards: Increased Opportunities Come with Increased Risks
Electronic gift cards are big business. Surveys by the National Retail Federation indicate holiday season gift card sales reached $17.34 billion in 2004 and $18.48 billion in 2005. As electronic gift cards have surged in popularity among retailers and consumers, they have also attracted the attention of both federal and state lawmakers. Most of the pending legislation has focused on consumer issues such as expiration dates or inactivity fees. In addition to the consumer focused legislation, electronic gift cards may also raise issues under state unclaimed property ("escheat") and money transmitter laws, as well as federal laws pertaining to money services
businesses. Learn more.
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This publication is intended for general information purposes only and does not and is not intended to constitute legal advice. The reader must consult with legal counsel to determine how laws or decisions discussed herein apply to the reader's specific circumstances.
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