In March 2015, the Supreme Court of the United States handed down a case that could have a substantial effect on trademark matters in the United States. In B&B Hardware, Inc. v. Hargis Industries, Inc., the Supreme Court reversed the finding of the Eight Circuit Court of Appeals in a trademark dispute involving two metal fastener manufacturers that were concurrently…
Author Archive for Mark Punzalan
The ABC’s of Cease & Desist Letters: When to Send and When to Respond
Whether you are an individual whose copyrighted work is being used without permission or a company whose trademark is being infringed, a “cease and desist” letter is often the first step to enforce and preserve your intellectual property rights. Alternatively, you may have received a cease and desist letter notifying you to stop infringing someone’s IP, and the letter may…
California Trade Secret Law 101: Protecting Your Intellectual Property
When most people consider intellectual property protections, they tend to think first of the rights that can be obtained by filing patents, trademarks, or copyrights. While these legal mechanisms confer significant protections in a particular piece of intellectual property (IP), they also require that the rights-holder disclose their invention, process, idea, or other IP to the public at large. In…
Litigator Heidi Kim Joins Punzalan Law, P.C.
Punzalan Law is pleased to announce that litigator Heidi Kim has joined the firm as Of Counsel. Heidi brings a wealth of legal experience to Punzalan Law. She began her legal career at San Francisco-based Gordon & Rees LLP in products liability and commercial litigation. She then moved to Townsend and Townsend and Crew LLP (now Kilpatrick Townsend LLP), specializing in…
What is a Whistleblower?
On September 22, 2014, the Securities and Exchange Commission (SEC) announced that it awarded a record $30 million to a whistleblower who provided original information that led to a successful SEC enforcement action. SEC Press Release. As Sean McKessy, the Chief of the SEC’s Office of the Whistleblower, stated, “Whistleblowers from all over the world should feel similarly incentivized to come forward with credible information…
Should LLC’s Revise Their Operating Agreements Under the California’s Revised Uniform Limited Liability Company Act (RULLCA)?
On January 1, 2014, the California Revised Uniform Limited Liability Company Act (RULLCA) took effect and applies to all existing California limited liability companies (LLCs). RULLCA makes significant changes in the rights and responsibilities of members and managers of LLCs. Most importantly, RULLCA has a strong set of default rules that automatically apply if the operating agreement is silent, contains…
Resolving Business Disputes Before Trial: Alternative Dispute Resolution (ADR) Options
“I want to sue!” While this is the sentiment expressed by many of our clients in the midst of a heated business dispute, filing a lawsuit and litigating it to trial may not always be the best business decision. Americans may be some of the most litigious people in the world, but there are other ways to resolve business disputes.…
Top FIVE Reasons to Register Your Company’s Trademark
Forbes magazine named its top 10 most valuable global brands with famous names such as Apple, Microsoft, Coca-Cola, McDonalds and Louis Vuitton rounding out the list. What do these brands have in common? They would not have become global brands if they had not registered their trademarks and protected their company names. If your company is poised for growth or is a…