Idaho Law Blog

Are you watching your trademarks? More important, are you watching new domain name registrations for your trademarks?

Published on: December 14, 2015 | by Racine Olson

It is generally a good idea to watch for infringing uses of your trademarks, and respond when you find them. Failure to police infringing uses can result in your mark losing its ability to distinguish between providers. In the extreme case, it can become a generic term — that’s what happened to one-time trademarks like ELEVATOR and ASPIRIN.

Smart trademark owners know this, and have a program in place to watch for potentially infringing uses. It is easy enough to search through applications at the Trademark Office, or to look through the Trademark Official Gazette for potentially infringing uses that have already been approved by the Office’s examiners. In the last 20 years, search engines like Google and Yahoo! have become critical means of finding the infringing users, especially the ones who may not have filed for a trademark registration. A company with an online presence has a worldwide presence, and in the internet age an infringer doesn’t have to be next door to hurt your business.

It is also becoming increasingly important to watch domain name registrations, especially since hundreds of new generic top-level domains (gTLDs) started going active in 2014. Everyone is familiar with the traditional gTLDs, such as .com, .net, and .org. There were 23 gTLDs in 2013. By the end of 2014, the powers that be in the internet had approved more than 750 new gTLDs, and they are expected to approve hundred more in the next year or two. These include hundred tied to specific brands, like .sony, .dell, .target, and .netflix. There are many more that are more generic in their focus, such as .baby, .family,　 .adult, .sucks, and .mobile.

Retraining Benefits?

Published on: December 14, 2015 | by Racine Olson

By Fred J. Lewis

Yes there is help! Often when someone is injured in an Idaho work related accident they lose earning capacity where that is due to restrictions, age, or impairment. Retraining services are available when ordered by the Industrial Commission or approved by the insurance company. The Idaho Industrial Commission has their own rehabilitation division where vocational training and assistance can be given. Moreover, the Idaho Department of Vocational Rehabilitation has programs to pay for tuition and books as a part of a retraining program.　 There is help out there for injured Idaho workers.

Copyright Office approves car hacking

Published on: December 12, 2015 | by Racine Olson

For years, the auto industry has used copyright law and anti-hacking provisions of the Digital Millennium Copyright Act of 1998 to stop hotrodders from hacking into the software that controls modern cars. That is about to change, thanks to exemptions from the DMCA which were approved last week by the U.S. Copyright Office. Under the exemptions, car buffs and researchers will be able to break into and, to some extent, modify the software that controls cars without violating the law.　 Whether doing so will void the warranty will probably still depend on the automakers.

Settlement with Recovery

Published on: December 12, 2015 | by Racine Olson

John Goodell and Dan Green last week concluded settlement with recovery of $25,000 for “Client,” a large international engineering and construction firm and original contractor, and which provided extensive engineering management and procurement services, at a substantial but acceptable discount, arising from 　long running state court mechanic’s lien complex litigation, with bankruptcy detour, relating to Hoku Materials plant construction failed project.

I was on workers’ compensation benefits and my employer terminated me, now what?

Published on: December 12, 2015 | by Racine Olson

By Fred J. Lewis

Always try to protect your job first by making a request for unpaid time off under the Family Medical Leave Act (“FMLA”) even when you are on workers’ compensation benefits if it is legally available to you and your employer is bound by the FMLA. You can protect your job up to 90 days under the FMLA.

After the first 90 days have gone by it gets harder to protect your job because there is no Idaho workers’ compensation　 law against an employer terminating your employment even while you are receiving workers’ compensation benefits. Fringe benefits you are receiving from your employer will also end upon your termination. If you are still recovering from the work related injury and you are let go, your medicals bills relating to your on the job injury will still be covered by workers’ compensation. If you are terminated and you feel you aren’t being fairly compensated contact me or another experienced Idaho workers’ compensation attorney.　 You may have other claims against your employer that you need to bring.

Trademark of the Day — December 8, 2015

Published on: December 9, 2015 | by Racine Olson

Pure coincidence, I’m sure: Both of these marks appeared in last week’s Gazette. I’d like to see their stores sitting next door to each other in a mall in Colorado.

(Smoke It All: International Class 1 for chemicals for smoking food; I.C. 4 for wood dust for smoking food; I.C. 35 for retail store services. Smoke It All A/S, Esbjerg, Denmark. Mary Wanna: International Class 32 for fruit juices, energy drinks, soft drinks, and soda water. M&W Brands and Products, Inc., East Bradenton, Florida.)

Settlement for Client

Published on: December 9, 2015 | by Racine Olson

John Goodell has made a settlement for “Client” in total amount of $65,000 (on total account debt of $71,000　 P+I), with $50,000 initial payment to be paid by cashier’s check sent via overnight mail today for receipt tomorrow, and three additional $5000 installments due 1/1/16, 2/1/16, and 3/1/16, in account collection case, in Bozeman, MT action.　 John Bulger assisted as licensed MT counsel.

Can I sue my employer in Idaho district court in regard to my Idaho workers’ compensation case?

Published on: December 9, 2015 | by Racine Olson

By Fred J. Lewis

All most all of Idaho workers’ compensation cases and disputes regarding benefits are handled by the Idaho Industrial Commission. However, in the rare circumstances where your employer intends to harm you and actually does physically harm you, this creates a basis for a civil action against your employer.

What can I help you with you intellectual properties?

Published on: December 7, 2015 | by Racine Olson

A lot of what I do in this field involves helping people figure out what they need. “Intellectual property” is a fairly broad topic with a lot of different kinds of rights lumped together in a way that can lead to confusion. I have had people tell me they want to file a trademark on the copyright for their patent. If that’s you, call me and make an appointment. The initial consultation is free. I may end up referring you to a patent lawyer to prepare and file a patent application, but we may figure out that you need to register a copyright, or have an investor sign a non-disclosure agreement, or send a cease-and-desist letter to an infringer. We won’t know until we talk.

For instance, suppose you had a great idea for an invention. Your first thought may be to pull out a credit card and send a lot of money to one of the invention commercialization companies that advertise on the radio. They will take your money and file a provisional patent application, or maybe a design patent application. Those may not be what you need,　 but these businesses are set up to file applications, not give you trustworthy advice. A provisional patent application merely kicks the can down the road for a year, at the end of which you will need to shell out more money to actually file a full patent application. It may be that you would have been better off keeping your idea secret for a year. A design patent, on the other hand, may be inappropriate for your invention, and may actually cause you to lose your rights in　 your invention — the exact opposite of what a patent is supposed to do. Your money may be better spent elsewhere. A consultation with a lawyer may steer you in the right direction.

(Disclaimer: I am not a patent lawyer. I cannot file patents, I will not do a patent search, and I will not advise you whether or not an invention is patentable.)

Do I have to take a light duty job even at a lower pay rate when offered by my employer?

Published on: December 7, 2015 | by Racine Olson

By Fred J. Lewis

Most of the time the answer is yes. If there is a position or duty that can be reasonably done within the restrictions set by your physician, then you will need to go back to work and try the light duty job. However, if you are asked to perform work outside your restrictions on the alleged “light duty” job you need to go back to your doctor and have him or her pull you off work completely until you can recover. If your pay is less then your normal wage, under Idaho Worker’s compensation law you may be entitled to benefits which compensate your wages lost while working for a lower pay on the light duty job