Business & Commercial Law
New Jersey Law Blog
New Guidance Posted Regarding PPP Loan Certification
Posted in Business & Commercial Law
On April 23, 2020, the Small Business Administration (“SBA”) posted FAQ #31 concerning the Paycheck Protection Program (“PPP”), stating in relevant part that borrowers should review their application to assess their economic need for a PPP loan. Specifically, borrowers should determine if in good faith they can make the certification… Continue reading
Parents: Is Your Freedom of Speech Worth the Welfare of Your Child?
Posted in Business & Commercial Law
The Massachusetts Supreme Judicial Court issued a troubling decision last week, in which it ruled that an order preventing a parent from posting about his children on social media violated the father’s constitutional right to freedom of speech. Even if the court entered the order in question to protect the… Continue reading
Construction Contracts During a Pandemic
Posted in Business & Commercial Law
In the current economic climate, due to the pandemic that has enveloped our nation, a contractor needs to make certain that the contractual terms of a construction contract properly address the issues which they might face during this highly unusual situation.
Color Combination and Design on Product Packaging Can Function as a a Trademark Federal Circuit Says
Posted in Business & Commercial Law
Trademarks serve as source indicators for distinguishing the goods sold by different manufacturers. Trade dress, a “symbol” or “device” by which the goods of a manufacturer may be distinguished from the goods of others, is registrable as a trademark if its function is to identify the source of the goods…. Continue reading
Where There Is No Will, There Is A Way: Willfulness Not A Requirement for Lanham Act Disgorgement of Profit Damages
Posted in Business & Commercial Law
In cases of trademark infringement, it has long been debated whether infringers should be required to disgorge profits if they unknowingly violated intellectual property laws. For decades, there was a wide variance on whether a trademark owner would be able to recover profits in litigation. While the Lanham Act (1946),… Continue reading
Paycheck Protection Program Update: More Relief Money on the Way for Small Businesses
Posted in Business & Commercial Law
UPDATED on 4/24/2020 On April 23, 2020 Congress passed the Paycheck Protection Program and Healthcare Enhancement Act to provide an additional $310 billion for the Small Business Administration (SBA) Paycheck Protection Program (PPP).
Watch out for Coronavirus Scams
Posted in Business & Commercial Law
Like most trying times, the Coronavirus brings out the best and worst. Unfortunately, criminals are targeting the federal stimulus money that has been distributed to qualified Americans. According to the FBI, scammers are leveraging the COVID-19 pandemic to steal victim’s money and personal information. There has been an alarming surge… Continue reading
TTAB Determines Color Drawstrings of Trash Bags Not to be Trademarks Due to Genericness and Functionality
Posted in Business & Commercial Law
While the issue of what color a trash bag handle is may not be the first topic you would expect to raise ire in the trademark industry, the world is an unpredictable place. Recently, Poly-America and API, two major manufacturers of trash bags in the United States, went up… Continue reading
Left Behind by the #MeToo Movement: Female Prisoners
Posted in Business & Commercial Law
Garnering far less attention and, frankly, far less sympathy than the Hollywood and political headlines, there are the female victims trapped in the prison system. It has been over two years since a class action complaint was filed on behalf of thousands of potential female class members against the New… Continue reading
Pending Legislation Limiting Collection
Posted in Business & Commercial Law
Although CAI-LAC has received word that both houses of the Legislature have pulled the collection moratorium bill COVID-19 Financial Security for Consumers Act, from the bills to be heard today, it does not mean that the bill will not advance. We believe it means the Legislature is aware how devastating… Continue reading
