Author Nick: Robert Klein
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In 1992, when the California Legislature observed, “that there has been a disturbing increase in lawsuits brought primarily to chill the valid exercise of the constitutional rights of freedom of speech and petition for the redress of grievances” the legislature enacted a statute that earned the acronym SLAPP, which stands for “strategic lawsuits against public [...]
California has a law that states that: “Any person who knowingly uses another’s name, voice, signature, photograph, or likeness, in any manner, on or in products, merchandise, or goods, or for purposes of advertising or selling, or soliciting purchases of, products, merchandise, goods or services, without such person’s prior consent … shall be liable for [...]
With this tough economy we are seeing that business owners and building contractors are having a difficult time collecting money they are owed. As a Los Angeles based business litigation attorney more and more clients complain that they performed their contract but they are not getting paid. Often times these people are not getting paid [...]
Recovery of damages for lost profits in a business litigation case is subject to the general principle that damages must be proximately caused by the wrongful conduct of the defendant. Recovery can be based upon a breach of contract or it could be from a civil wrong or tort. Examples of some torts are trademark [...]
Anybody that has been sued knows from their prospective they did nothing wrong. If they end up winning the case or if the party that sued them dismisses the lawsuit, this party defendant wants his pound of flesh by suing the former plaintiff for malicious prosecution. This is not always a wise choice. In California, [...]
In past articles I wrote about the challenges a fashion designer has in protecting his or her designs from knock offs. A United States Supreme Court case called Wal-Mart Stores v. Samara Brothers held with regard to trade dress protection under the Federal Unfair Competition laws found in the Lanham Act, a fashion designer must [...]
You are a highly skilled individual with a strong technical background and land a job as the Chief Technology Officer for a large Company in a specialized industry. The Company offers a great benefit package detailed in the company’s employee manual. After several years of hard work your Company is taken over, either by merger [...]
How often do you see copies of a high fashion designer’s clothing or handbag line like Gucci or Prada appear in a discount store at significantly reduced prices? The fashion designer has used his or her creativity and intellectual capital to create unique product designs only to have that creation “knocked off” by apparently unscrupulous [...]
In cases of product design, the consumer normally does not equate the features of the product with the source of the product. For example, if a consumer is looking at a cocktail shaker, the penguin shape is not intended to identify the manufacturer. Instead the shape is designed to render the product itself more useful [...]
