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Does A Website Name Constitute A Trademark?

Posted on August 23, 2014

A domain name can qualify as a trademark when it is used in connection with a website that offers services to the public. A question that our Los Angeles intellectual property lawyers commonly address is whether a website name can be a trademark. A domain name can qualify as a trademark when it is used in connection with a website that offers services to the public. However, only some types of commercial … Read More

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What Is Hostile Work Environment Sexual Harassment?

Posted on August 23, 2014

The Basics of Hostile Work Environment Sexual Harassment “There are two theories upon which sexual harassment may be alleged: quid pro quo harassment, where a term of employment is conditioned upon submission to unwelcome sexual advances; and hostile work environment, where the harassment is sufficiently pervasive so as to alter the conditions of employment and create an abusive work environment.” Holmes v. Petrovich Development Co., LLC, 191 Cal. App. 4th 1047, 1058-59 … Read More

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What Are The Implications Of An Anti-Fraternization Policy As Applied To Non-Supervising Coworkers?

Posted on August 23, 2014

The Implications of an Anti-Fraternization Policies As Applied to Non-Supervising Coworkers Since the decision of the California Court of Appeals in Barbee v. Household Automotive Finance Corp., 113 Cal. App. 4th 525 (2003), employers have been assured that anti-fraternization policies which prohibit sexual and/or romantic relationships amongst supervisors and subordinates are enforceable. What has been largely absent from this discussion is whether anti-fraternization policies that apply to co-workers (who are not in … Read More

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Is There A Difference Between An Employee And An Independent Contractor?

Posted on August 23, 2014

Employees And Independent Contractors Are Very Distinct And Different From Each Other In an effort to save money and the headaches ordinarily associated with employing someone, some employers treat their employees as independent contractors. Such business practices could expose a business to penalties, damages, and other liabilities. In evaluating whether a relationship is one of employer-employee or that of an independent contractor, “[t]he label placed by the parties on their relationship is … Read More

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Are Non-Competition Clauses Enforceable In California?

Posted on August 23, 2014

With Limited Exceptions, Non-Compete Clauses Are Not Enforceable in California California Has a Strong Policy in Favor of Open Competition “California has a settled public policy in favor of open competition.” Kelton v. Stravinski, 138 Cal. App. 4th 941, 946 (2006). The general rule, as embodied in section 16600 of the California Business and Professions Code (“Section 16600”) is that, with limited exceptions, “every contract by which anyone is restrained from engaging … Read More

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