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Mary Siceloff, Author at Weintraub Tobin - Page 2 of 180

Corporate Transparency Act Resources

Welcome to the Weintraub Resources section. Here, you can find our Blogs, Videos, and Podcasts, in which Weintraub attorneys regularly provide insights and updates on legal developments. You can also find upcoming Weintraub Events, as well as firm and client News.

Trademark Protection and the Lawful Use Requirement

Published: June 16, 2022

by James Kachmar
The IP Law Blog

Trademark law was developed to help protect a seller’s “brand” in connection with the marketing and labeling of products for sale to avoid “consumer confusion.” One rarely litigated aspect of trademark law is that the use of the trademark must be for a lawful purpose. The Ninth Circuit recently tackled this issue in AK Futures LLC v. Boyd Street Distro, LLC (decided May 19, 2022), a case that involved e-cigarette and vaping products derived from cannabis.

CA Employers: Good News from the US Supreme Court PAGA Actions May Be Subject to Arbitration After All

Published: June 15, 2022

by Lizbeth (Beth) V. West

The long-awaited decision by the US Supreme Court in Viking River Cruises, Inc. v. Moriana was issued on June 15, 2022, and brings some good news for California employers. The issue before the court was whether the Federal Arbitration Act (FAA) preempts a rule of California law that invalidates contractual waivers (e.g. arbitration agreements) of the right to assert representative claims under California’s Private Attorneys General Act (PAGA).

What is a Design Patent?

Published: June 9, 2022

by Audrey A. Millemann
The IP Law Blog

A design patent protects a new, original, ornamental design for an article of manufacture. 35 USC section 171. “Ornamental” means that the design is purely decorative; the patentability is based on its visual aspects. Those aspects are the shape or configuration of an article (like the shape of a bottle or a vase), the surface ornamentation on the article (like a painting on the bottle or vase), or a combination of both. The design must be a design for a specific article; it cannot exist independently of the article. The must be visible during normal use of the article; it cannot be concealed.

Overlooked Provisions when Negotiating Purchase and Sale Contracts

Published: June 8, 2022

by Mark E. Ellinghouse

In protracted contract negotiations, many clients become dismayed when a deal they thought had been agreed in a letter of intent is suddenly the subject of contentious exchanges between the parties and their counsel. The clients may be comfortable with the purchase price or due diligence timelines, but many clients have never considered, let alone negotiated, the various other critical terms in a purchase contract.  These terms are often as, if not more, important, as they will define the scope of the parties’ rights relating to the transaction and exposure for lawsuits after closing. This article is designed to give a primer on the basics of these concepts so that parties may be better prepared when negotiating their purchase contracts at the letter of intent stage.

Three Weintraub Attorneys Named to the 2022 Southern California Rising Stars List

Published: June 7, 2022

Weintraub Tobin is pleased to announce that attorneys Tara Sattler, Shaun Gordon, and Jamie Lincenberg have been selected to the 2022 Southern California Rising Stars list. This list, compiled by Super Lawyers®, recognizes attorneys who are 40 or younger or have been in practice less than 10 years. Each year only about 2.5 percent of California attorneys are chosen for this honor.

District Court Considers Acceptable Limits to Attorney Participation in Drafting of Expert Reports

Published: June 2, 2022

by Scott M. Hervey
The IP Law Blog

In Munchkin, Inc. v. Tomy International, Inc., 1-18-cv-06337 (NDIL May. 24, 2022) the Court considered the permissible extent of attorney participation in the preparation of an expert report. The Court did so in response to plaintiff’s motion to exclude the testimony of defendant’s technical expert for failing to prepare his own report. Specifically, plaintiff Munchkin sought to exclude the opinion of defendant TOMY’s technical expert, Jesse Darley, who offered opinions regarding non-infringement.