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The U.S. Department of Labor (DOL) is continuing to crack down on the misclassification of employees as independent contractors. In recently issued guidance, the DOL concluded that “most workers are employees under the…

Top 10 hot topics in employment law from hutchlaw

Trademarks are used to identify the source of goods or services, and ultimately to imply the quality of the good or service based upon the reputation of the source. Improper use or…

Personnel structuring and compensation considerations for early stage companies from hutchlaw

Section 6039 of the Internal Revenue Code of 1986, as amended (“Section 6039”), requires both private and public corporations to provide written statements to any employee or former employee who either exercised…

The ™ symbol is available to use with an unregistered mark. Thus, a new mark launched may appear with the ™ symbol which signifies to those who view the mark with the…

“Use” of a mark is an important issue for many reasons, including that the first date of use establishes a potential date of priority, and also determines whether a federal trademark application…

No, mere registration of the name of a legal entity does not afford trademark protection. A company or individual may acquire rights in a mark as soon as the mark is used…

There is no specific deadline to file an application for federal trademark protection. Applications for registration of a mark may be filed three or more years before a mark is actually put…

A trademark is word, phrase, symbol, design or a combination of words, phrases, symbols or designs that operate as a source identifier of the goods or services offered under the mark. A…