Trademark Valuation and Strategies for Increasing Value

This is a simple question and answer session regarding how to value a trademark as part of businesse’s portfolio of assets.  This is a presentation that I did in conjuction with Corporate Creations. 

The topics include the follwing: using a trademark to test out a new product line, exploring expansion into a new market segment, creating a family of trademarks, licensing a trademark to others to increase value and many other strategies for individuals, entrepreneurs, small business owners and mid size companies.

In addition, the presentation covers avoiding using a trademark in a manner that decreases its value.  For example, using a trademark that creates a genericness problem, failure to police others, and avoiding a naked license problem.

The file is currently being formatted and will be available shortly.

Pattern Jury Instructions for Patent Infringement are here!!

The Seventh Circuit’s proposed jury instructions are finally available for comments.  These new proposed jury instructions are a great source of law, as well as discussions relating to common issues and points of contention such as: willfulness, obviousness standard, person of ordinary skill in the art, equilvalence, indirect or inducing infringement theories and of course damages. 

For your consideration, I have attached a set of the proposed jury instruction.  If you have any comments, feel free to post them on the blog or forward them on to Chief Judge Robert L. Miller Jr. at robert_miller@innd.uscourts.gov or mail it to 325 Robert A. Grant Federal Building, 204 S. Main St. South Bend, IN 46601.  

 Pattern Jury Instructions for Patent Infringement.

Workplace Bullying Statutes?

Claims about bullying or intimidating supervisors are not new for employment lawyers. Typically, oppressive or bullying conduct by an employer is not actionable unless there is a intent to discriminate based on a protected category or an effort to retaliate for engaging in a protected activity. 

 A recent decision out of Tennessee confirms this long standing rule. (See. Frye v. St. Thomas Health Services, 227 S.W.3d 595 (stating that Frye’s claim against her manager who was equally belligerent, rude, and oppressive to all subordinates failed as a matter of law). 

However, there is an effort by legislators to change this long standing rule.  In fact, states are in the process of creating Anti Bullying Statutes to allow employees to sue employers for verbal abuse, insults, intimidating physical and verbal actions.  Currenty, these bills are pending in California, Connecticut, Hawaii, Kansas, Massachusetts, Missouri, Montana, New Jersey, New York, Oklahoma, Oregon, Vermont, and Washington. 

 If these bills become law, will employees get the benefit of a professional and harmonious work enviornment or will there just be a increase in the number of employment lawsuits?  

See sample of Anti Bullying Legislation: The Healthy Work-Place Act is currently pending in the state of New Jersey. Healthy Work-Place Act