Omaha Real Estate Attorneys & Lawyers

What is Blue Sky Law?

Blue sky law is an individual state law designed to protect investors from securities fraud. The laws vary by state, but they all ensure licensing of brokerage firms, individual stockbrokers, and their offerings. Public mergers are also required to comply with the applicable blue sky laws. 

The name is believed to come from a mention in the United States Supreme Court decision, Hall v. Geiger-Jones Co., 242 U.S. 539 (1917). This case dealt with the constitutionality of state security regulations. 

Blue sky laws developed in the years leading up to the Great Depression. This was due to the influx of fraudulent money schemes promising high returns. These included foreign country investments and oil fields. Companies offered enticing investment opportunities with very little legitimate backing in an attempt to make fast money from unsuspecting o

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What Is International Trademark Search?

International trademarks are used by companies that are planning to export their services or products overseas. The registration and application process for international trademarks is regulated by the Madrid Protocol. Unlike the trademark protection provided by the U.S. Patent and Trademark Office, this registration prevents the use of companies' intellectual properties worldwide.

The World Intellectual Property Organization (WIPO) of Geneva regulates the registration, and it provides a database for international trademark search. This facility allows businesses oper

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What Is a Non-Disclosure Agreement?

A non-disclosure agreement (NDA) is a legal contract that keeps one party from revealing another party's secrets. An NDA makes a confidential relationship between the parties, are used to protect proprietary or secret information, typically in business relationships. NDAs get more complicated the more information they need to cover, though they can start very simply. NDAs are especially popular in tech fields.

Other names include the following:

• Nondisclosure.
• Confidentiality Agreement.
• Non-Disclosure Form.
• Confidentiality Clause.
• Confidentiality Statement.

Sample NDAs for Download

Non-Disclosure Agreement

One-Way Non-Disclosure Agreement

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What is a DMCA Notice?

A DMCA notice informs a company, web host, search engine, or internet service provider that they are hosting or linking to material that infringes on a copyright. The party that receives the notice should take down the material in question as soon as possible. If the site owner doesn't comply, the ISP can forcibly remove the content.

You can send out a DMCA notice, not just for infringing material, but also for any indices, references, or pointers that lead to infringing material.

DMCA stands for Digital Millennium Copyright Act. A DMCA notice is also known as a DMCA takedown notice or a DMCA request. The DMCA covers any copyrighted material that could be infringed on the internet, including:

• Written words, such as articles

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What Is Trade Dress Registration?

A trade dress registration protects the designm symbol, or trademark associated with a brand. The Trademark Act 15 U.S.C. §1052 regulates trade dress, which originally referred to the product's dressing and later expanded to include product design and packaging. A trade dress application must include designs and drawings, the associated services or goods, and a description.

A product qualifies for this registration based on the distinctiveness and functionality of its trade dress. Before accepting a trade dress application, the U.S. Patent and Trademark Office (USPTO) must see a clear "acquired distinctiveness" to protect the trademark.

A trade dress is a co

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