Birmingham Non-Profit Attorneys & Lawyers

Key Takeaways

• Unfair competition includes deceptive business practices like false advertising, trade secret theft, trademark infringement, and reverse passing off.
• Both federal (e.g., Lanham Act, FTC regulations) and state laws govern unfair competition.
• Legal remedies may include monetary damages, injunctive relief, or even criminal charges in extreme cases.
• Courts consider factors like intent, duration of misconduct, and financial harm when awarding penalties.
• Preventive measures like trademarks, NDAs, and employee training help protect businesses.
• State-specific unfair competition laws can vary widely and may provide broader protections than federal law.

What Is Unfair Competition?

Unfair competition occurs when another company uses wrong or deceptive business practices to gain a competitive advantage. The major category of unfair competition relates to intentional confusion of customers as to where t

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Key Takeaways

• Definition & Importance of Trademark Licensing: Trademark licensing allows a trademark owner to grant rights to a third party to use their mark under agreed conditions, which can help expand brand presence while generating revenue.
• Types of Trademark Licenses: Includes exclusive, non-exclusive, and sole licenses, each providing different levels of rights and restrictions for the licensee.
• Key Elements of a Licensing Agreement: Must include quality control provisions, payment structure, geographic scope, duration, renewal conditions, and breach remedies.
• Trademark Licensing Strategies: Businesses can use licensing to expand market reach, enhance brand value, and enter new industries or product categories.
• Legal Considerations & Risks: Trademark owners must maintain control over the use of their mark to avoid dilution or loss of rights.
• Industry-Specific Licensing Examples: Fashion, entertainment, tech, a

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Key Takeaways:

• The DMCA protects digital creators by outlining processes like takedown notices to address unauthorized content use.
• Safe harbor provisions shield service providers from liability if they meet specific criteria, such as promptly addressing copyright complaints.
• Rights holders must provide detailed information when filing DMCA takedown notices to ensure compliance.
• Platforms utilize technical protection measures, like content-matching technology, to enforce copyright rules.

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Key Takeaways

• A cumulative dividend is a mandatory dividend on preferred shares that carries over if not paid in a given year.
• These dividends protect investors by guaranteeing eventual payout before common shareholders receive dividends.
• Companies use cumulative preferred shares to attract investors, raise funds, and maintain balance sheet flexibility.
• While attractive for investors, cumulative dividends can strain companies with future obligations if profitability declines.
• They are usually specified in the company’s prospectus or term sheet, including rate, payout conditions, and any limits.

What Are Cumulative Dividends?

If a dividend is sharin

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