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Damaged Money

Maximizing Recovery in Trade Secret Cases: A Guide to Damages and Remedies

Written By Isabelle M. Chammas, Michael J. Parrish, and Gavin B. Parsons

Ed. Note: This is the fourth in a series of articles taken from Gavin Parsons' CLE presentation for the North Carolina Bar Association's Antitrust and Complex Business Dispute CLE Program presented on Thursday, January 30,…

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First-to-File: A Game-Changer in US Patent Law

Written By Ryan K. Simmons

The shift in patent law from First-to-Invent to First-to-File came about over a decade ago, but still leaves many inventors scratching their heads. Is First-to-File really as simple as “first come, first served&rdquo…

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What's in a Name Anyway? Trademark Basics for Community Associations

Written By Erica B. E. Rogers

This article explores the essentials of trademark rights, their relevance for community associations, and the balance between protecting these trademarks versus respecting the free speech of homeowners. I. What is a Trade…

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The #AD Vantage Point: Navigating the FTC Endorsement Guides, Part III

Written By Lilian L. Faulconer and Erica B. E. Rogers

As a reminder, the FTC Endorsement Guides describe how the FTC evaluates whether certain advertisements are false and misleading under Section 5 of the FTC Act.  Businesses should care about the FTC Endorsement Guide…

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Ward and Smith: Our Highlights of 2023

Written By Laura V. Hudson

As we reflect on the past year, it's evident that 2023 has been remarkable for Ward and Smith. We've welcomed new team members, launched new practice groups, and been recognized in some pretty rare air, if we do say so ou…

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Top 10 Most Popular Articles of 2023

Written By Joanne H. Badr and Joseph A. Schouten

As we approach the New Year, it's time to reflect on the articles that have most resonated with readers throughout 2023. Ward and Smith attorneys have provided valuable insights into various legal considerations. Here are…

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Watch hands with cannabis leaf at 4:20

It's About Time: Federal Court Addresses Delta-8

Written By Allen N. Trask, III and Amy H. Wooten

Delta 8 tetrahydrocannabinol ("THC"), an intoxicating form of THC often derived from hemp-derived cannabidiol (aka "CBD"), has been at the center of numerous hot button issues since its arrival in the broader hemp product …

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Man sampling beer at local microbrewery

The Fun and Whimsical (but Crowded) Landscape of Beer Names Part 1

Written By Norman J. Leonard

In addition to all its natural beauty and opportunities for outdoor recreation, Western North Carolina has more lately become known for its abundance of excellent craft breweries.  For our residents and visitors who …

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Highlights From the Intellectual Property Law Institute of the Lavender Law® Conference

Written By Erica B. E. Rogers

I recently attended the 2021 Lavender Law® Conference, a virtual event of social networking, on-demand programming, and live sessions hosted by The National LGBT Bar Association and Foundation.  The final day of t…

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Website Compliance: Key Costly Legal Risks Every Business Should Consider

Written By Angela P. Doughty, CIPP/US, AIGP and Erica B. E. Rogers

A recent statistic posted by Sweor states that 75% of consumers admit to making judgments on a company’s credibility based on the company’s website design. During COVID, many companies were forced to digitize …

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U.S.-China Trade Deal Shows Potential for Improved U.S. Intellectual Property Rights in China

Written By Ryan K. Simmons

A result of negotiating techniques from Donald Trump's book "The Art of the Deal" or a result of strategies from the ancient Chinese military strategy treatise "The Art of War"?  Who knows, but on January 15, 2020, t…

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Tranquil Beaches and Simple Trademarks … and the Dangers Swirling Below

Written By Angela P. Doughty, CIPP/US, AIGP and Erica B. E. Rogers

Trademark clearance and registration—sounds like an additional legal expense, right? Unfortunately, this potential cost is the reason many individuals and businesses forgo the trademark clearance and registration pr…

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Supreme Court Announces Broad Separability Test in Applying Copyright Law to Useful Articles

Written By Norman J. Leonard and Erica B. E. Rogers

This article continues the discussion in an earlier article addressing the scope of copyright protection as it applies to useful goods under copyright law.  At the time the first article was written, Varsity Brands, I…

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A red rose on a stem with leaves and thorns

Avoiding Three Costly Mistakes: Common Trademark And Copyright Pitfalls That Plague Businesses

Written By Angela P. Doughty, CIPP/US, AIGP

Intellectual property law impacts every business—whether owners of the business know it or not.  For example, the moment a name is used in relation to your business's goods or services, certain trademark rights …

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