In a case recently decided by the Court of Appeals for the Federal Circuit (CAFC), the appeals court appears to announce procedural requirements that may cut down the usefulness of early dismissal motions under the Supreme Court’s landmark Alice Corporation case (read here). In Alice, and in response to the large outpouring of “business method” […]
Dilemma: Choosing Between Competing Requests for Accommodation
An Ohio federal court has addressed a reasonable accommodation conflict at The Ohio State University. The facts were as follows: A sophomore at OSU, Madeline Entine, was diagnosed with depression, anxiety, obsessive-compulsive disorder and posttraumatic stress disorder. She also suffered from debilitating panic attacks. She was recognized as having a disability under the Americans with […]
Reminder: Exceptions to the At-Will Employment Relationship
Ohio is among the 49 states that recognize the at-will employment relationship (Montana is the lone exception). In Ohio an employee may be terminated for any reason that is not unlawful or for no reason, just as an employee may quit for any reason or no reason. However, there are several exceptions to this doctrine […]
The End for “Scandalous” and “Immoral” Trademarks?
The U.S. Supreme Court has struck down the U.S.P.T.O.’s long-standing ban on the registration of trademarks comprising “scandalous” and/or “immoral” trademarks (read here). Petitioner Erik Brunetti has tried to register the mark F-U-C-T for a clothing line and claimed that the mark should be pronounced as four letters, one after the other. For obvious reasons, […]
A Narrow Window Opens for Cannabis Trademarks
The USPTO has issued a new examination guide with the weighty title “Examination of Marks for Cannabis and Cannabis-Related Goods and Services after Enactment of the 2018 Farm Bill.” Unfortunately, what many had hoped would be an opening for marijuana marks turns out to be a very narrow one indeed. Put briefly, the USPTO has […]
Patent Venue: Where Can I Sue?
Patent infringement has long been subject to a special venue (site of litigation) statute, 28 U.S.C. 1400. Unlike general venue statutes which concentrate on where an injury took place, the nature of the parties, and convenience of the parties and courts; Section 1400 is very specific. It allows patent infringement suits only where “the defendant […]
The Appropriate Use of Separation Agreements to Limit Employer Liability
When preparing to involuntarily terminate an employee, employers should consider the risk factors that may dictate the use of a separation agreement. For example: Is the employee in a protected class (age, race, religion, color, sex, national origin, mental or physical disability, veteran status)? Has the employee recently engaged in protective activity (such as taking […]
LNL Sponsors Columbus Derby Day
Luper Neidenthal & Logan is proud to partner with Five Strong Foundation as a sponsor of the 5th annual Columbus Derby Day, taking place on May 4, 2019 at Huntington Park in Columbus, Ohio. The Five Strong Foundation is a non-profit organization whose mission is to empower individuals with developmental disabilities through athletics, camaraderie and […]
Trademark, Trade Name, Domain Name – the Differences Matter in Ohio
A recent Ohio Ninth Circuit Court of Appeals case, based on some convoluted facts and possibly misguided in its outcome, nonetheless illustrates some very important business realities on the intersection of trade names and trademarks in Ohio. Wooster Floral & Gifts, LLC v. Green Thumb Floral & Garden Ctr., Inc., 2019 Ohio 63. Kimberly Gantz […]
Employers Be Prepared: New Rule Affecting Overtime Eligibility Has Been Proposed by U.S. Department of Labor
The Notice of Proposed Rulemaking announced by the Department of Labor on March 7 ,if implemented, will raise the threshold for overtime eligibility so that employees will have to earn at least $35,308 a year ($679 a week) in order to be exempt from overtime pay for any hours worked over 40 in a workweek. […]