COMMON LAW TRADEMARK RIGHTS v. TRADEMARK REGISTRATION In the United States, certain trademark rights are created whenever someone uses a mark in connection with a product or service. If a product is sold or a service is rendered in conjunction with the mark, then trademark rights or service mark rights attach immediately to the mark for the benefit of the entity using that … [Read more...]
Trademarks and service marks are words and designs that function to identify and distinguish the source of the goods and services of one party from those of others. Consumers use trademarks to identify products and services.
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California has a strong public policy that allows employees to change jobs, seek employment, or otherwise practice their trade or skill. This policy is embodied in Business and Professions Code Section 16600 (“Section 16600”). Under Section 16600, all contracts that restrain an employee’s ability to work are void unless the contract is based on a dissolution of partnership or … [Read more...]