The New Trademark Clearinghouse

With the huge increase in number of generic Top-Level Domain Names, trademark owners should consider recording their registered trademarks with the new Trademark Clearinghouse to be launched by The Internet Corporation for Assigned Names and Numbers (ICANN). Beginning March 26, 2013, trademark owners may submit trademark information to the Trademark Clearinghouse to protect their online brands. Otherwise, brand owners may have to force transfer of domain names that incorporate the owners' trademarks.


As additional services, the Trademark Clearinghouse will notify trademark owners when someone else seeks to secure a domain name that matches their registered trademark, plus trademark owners may also secure second level domain names that correspond with their registered trademarks before the general public can do so.

Whistle Blower Protections "Expanded"

California employees who "blow the whistle" are protected from retaliation by Labor Code § 1102.5(b) which provides that "an employer may not retaliate against an employee for disclosing information to a government or law enforcement agency, where the employee has reasonable cause to believe that the information discloses a violation of state or federal statute, or a violation or noncompliance with a state or federal rule or regulation.”  The California Court of Appeal just held that this section “protects employee reports of unlawful activity by third parties such as contractors and employees, as well [as] unlawful activity by an employer.”

We Lost a Great Soul...In Memoriam...Huell Howser

“We operate on the premise that TV isn’t brain surgery. People’s stories are what it’s all about,” says Howser. “If you have a good story, it doesn’t have to be overproduced. I want our stories to reveal the wonders of the human spirit and the richness of life in California, including its history, people, culture and natural wonders.”

Huell Howser
"That's amazing!"

It is time to post your new employment posters

It is time to post your new employment posters for the new laws for 2013.  Here is the best, easiest, cheapest, and California focused way to do so:

http://www.calchamber.com/Store/Products/Pages/compliance-posters.aspx?PC=K2NE&cid=K2NE&sp_rid=MTU2NjQ0OTcxMzUS1&sp_mid=40772997&spMailingID=40772997&spUserID=MTU2NjQ0OTcxMzUS1&spJobID=172792031&spReportId=MTcyNzkyMDMxS0

New Employment Laws in California

New employment laws could affect California businesses' day-to-day operations and company policies in 2013.  Download CalChamber's white paper "An Overview of New 2013 Laws Affecting California Employers" from the link below for an overview of the changes in the law and how each of these California laws could affect your business. 
http://www.calchamber.com/hr-california/Pages/new-laws-2013.aspx?

Infinite Copyrights....

Here is an allegory that very simply and graphically describes the essence of copyrights and a defense to copyright infringement: "...An infinite number of monkeys typing out an infinite number of the same work will have an infinite number of copyrights for essentially the same work (provided the monkeys weren’t looking over each other’s shoulders)." Rick Sanders, August 1, 2012

International Copyright Enforcement

The good news: Due to treaties, you can be fairly assured of protection for your copyrighted materials in foreign jurisdictions. The bad news: Enforcement by suit in foreign jurisdictions in foreign languages and under foreign laws is not exactly attractive. Fortunately, there are the following US enforcement tools:

First, you should place the copyright notice on all published materials, although not strictly necessary for protection of your copyright. Then, you should register the copyright with the USPTO to place the world on notice of your right to stop infringers who would otherwise act in good faith.

Second, expressly cover in any licensing agreements with foreigners your limits on copying and distribution of your copyrighted materials, especially including provisions that bind them to your US law and US courts.

Even without the above, you may file suit under US law in a US court, if your copyrighted materials are being imported into the US without permission. This also applies to copies of your copyrighted materials made outside the US and imported into the US. And, exporting your copyrighted materials from the US and selling same without your permission is unlawful under US law and you may sue in the US under US law.

Important Proviso: The above material does not constitute legal advice and should not be relied on. It does not create an attorney-client relationship. Each locality has differing laws. A legal matter cannot be satisfactorily resolved without a comprehensive review and analysis of all the unique facts and laws at issue by an able attorney. Your matter may result in a loss of rights if you do not timely retain such an attorney.

Contact: If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided through my firm’s website located at http://www.BealBusinessLaw.com.