Klemchuk LLP

Tik Tok Privacy Concerns: What You Should Know About Apps and Personal Privacy Privacy concerns regarding the popular short-video social network, Tik Tok, have gone viral in recent weeks. In July, Secretary of State Mike Pompeo said the U.S. was considering banning Tik Tok because it places consumers’ “private information in the hands of the Chinese Communist Party.” Days later, the Democratic National Committee advised staffers not to use it. Even Tik Tok’s target demographic…
When COVID-19 Makes Trademark Use Inappropriate COVID-19 has certainly infiltrated all areas of the marketplace, often in unexpected ways. In recent weeks, KFC announced that it will be suspending its “finger lickin good” tagline temporarily, since “finger lickin” may not be the best advice given the global pandemic and CDC guidelines intended to slow the spread of COVID-19.   When Certain TM Use Becomes Inappropriate KFC, which is owned by Yum! Brands, was widely criticized in…
Below is a compilation of several blog posts and articles written by one of our attorneys, Brian Casper, on various aspects of trademark licensing.  View our five-part series here: Trademark Licensing Series – Part 1 – Trademark Licensing General background and guidance for both prospective trademark licensors and licensees, along with some sample language that should be included in any comprehensive trademark license agreement. Trademark Licensing Series – Part 2 – “Naked Licensing” and the World-Famous
Amazon Unauthorized Sellers: Their Low Priced Products Could Cost You Your Safety Who hasn’t used Amazon for something? It is likely most people have and the giant marketplace is only getting bigger with offering Amazon branded goods claimed as the equivalent of name brands, and its huge base of third-party resellers offering just about anything under the sun. But, consumers should be cautious and informed of the battle of brand names against the rampant rise…
What Is Genetic Privacy Law? Genetic data has become increasingly accessible as companies such as 23andMe and Ancestry.com have enjoyed continued popularity since their emergence in the late 1990s and early 2000s.  The use of genetic information culled from these kits have been used by a wide range of industries ranging from health coverage to law enforcement.  In July, Florida became the first U.S. state to enact a genetic privacy law that creates new prohibitions on health insurance…
Pleading is Key: Northern District of Texas Clarifies Liability for Use of Another’s Trademark in Pay-Per-Click Advertising Magistrate Judge David Horan of the Northern District of Texas recently provided additional insight into the less-than-clear jurisprudence surrounding liability for trademark infringement in pay-per-click or keyword advertising. In Jim Adler, P.C., et al. v. McNeil Consultants, LLC, et al., No. 3:19-cv-2025-K-BN (N.D. Tex. Aug. 10, 2020), Judge Horan considered Defendant’s Rule 12(b)(6) Motion to Dismiss the trademark infringement claims…
Retailers Band Together in Buy Safe America Coalition to Fight Online Organized Retail Crime Large retailers have banded together in the Buy Safe America Coalition to push for law reform against online retail crime.  Buying products online is often a necessity these days, but knowing whether it is legitimate can be hard to determine.  And, legitimate brand owners have to continuously monitor for unauthorized sales, counterfeit goods, stolen property re-sales, and the like, that ultimately hurt their bottom line…
Client Arbitration Agreements for Resolving Fee Disputes Arbitration clauses have become “increasingly common in lawyer fee agreements.” Generally speaking, arbitration provisions with clients are more ethically acceptable for resolving fee disputes as opposed to malpractice claims. Several bar associations across the county have established rules encouraging the informal resolution of fee disputes between lawyers and their clients, such as arbitration or mediation procedures. In Comment 19 to Rule 1.04, the Texas Disciplinary Rules of Professional…
Redskins No More | The Washington Football Team Rebrand: The Journey Ahead Washington D.C.’s NFL team has had a long battle with defending and maintaining its brand, ultimately culminating with a decision to drop the Redskins’ name and look to a brand name change.  With the most recent national uproar against racism, the NFL’s Washington football team’s rebrand became inevitable.   The Decades Long Controversy with the Redskins’ Name In 2014, after an 8-year battle against a…
Trademark Assignment Recordation: Don’t Lose Your Rights In previous posts, I discussed some of the technicalitiesprinciples, and perils associated with licensing and selling trademarks. Once you get the assignment right, there is still one final formality that you should follow—trademark assignment recordation with the USPTO.   Why Record a Trademark Assignment? The benefit of recording the assignment is that it can no longer be assigned to someone else. Additionally, if it was paid…