New on Keganlaw.com

We Seek to

Care enough to Speak Honestly;

Be Aware enough to Speak Kindly; and,

Be Wise enough to Speak Persuasively.

Balanced Counsel—

for Smart Clients®

About KeganLaw

Since 1940, Kegan & Kegan, Ltd. has provided its clients personalized strategic advice, preventative guidance, and when needed crisis counseling and defense.

We identify, develop, and protect intangible business assets—trademarks, copyrights, patents, trade secrets, contracts, websites—and counsel other professionals on legal issues.

KeganLaw Pages

Notice—Laws Change

The law is constantly changing. Moreover, no general discussion can incorporate all the specific facts of your particular situation. Consult an attorney for particular legal questions.

New on the KeganLaw.com Website

36-Respecting Powerful Words-Isba IP NL-2021.pdf

We have a long tradition of respecting the power of words. From magicians’ “spells,” and Gandalf’s “Speak Friend and Enter,” through George Carlin’s Seven Dirty Words. Some religions don’t speak the name of their deity, but use synonyms or drop letters in writing. Criminal defendants receive “sentences.” Schoolyard bullies and some politicians taunt others with demeaning nicknames.

Wartime enemies may become subhuman creatures, although who’s the ally or who the enemy among Eurasia, Oceania, and Eastasia changes, as Orwell’s Ministry of Truth “rectifies” history to align with current policy. Our pejorative wartime names for declared enemies become offensive shortly after peace, and economic interdependence. Some common words of high society and the courts appear stingingly improper, if attended to a century later. Some words have become so socially offensive they are replaced by an initial letter and “-word.” . . .

FTC- Invention Promotion Scams

Dishonest invention promoters lie about the profit potential of your invention to get you to pay for expensive, but often useless, services. Here’s what you need to know to avoid an invention promotion scam.

•Investigate Before You Commit
•How To Avoid Invention Promotion Scams
•What To Do If You Paid an Invention Promotion Scammer
•Report Problems
•Other Resources

<https://www.consumer.ftc.gov/articles/invention-promotion-scams>

33-Political Trade Secrets-AbaLit-May2019.pdf

Confusion, deception, and mistake are generally unlawful in marketing campaigns, yet, typically lawful in political campaigns. Elections and their certifications are often concluded well before a final judgment is typically available. Hacking into the computer of a political candidate, official, or party and disseminating the information was not readily covered by U.S. statutes. Now, with the Defend Trade Secrets Act, a hacker, the knowing disseminator, and all involved in the conspiracy may be subject to significant damage awards.

29 Clipper- Taking a Default

Defaulting has pejorative connotations, but sometimes accepting a default judgment may be a wise decision. Especially when one is a minor defendant in a foreign jurisdiction among a mass Internet defendants.Foreign service of process may be governed by several laws, including Hague Service, Inter-American Convention Service Convention, Foreign Sovereign Immunities Act, US state law, and the Federal Rules of Civil Procedure.

KeganLaw, Counsel to Industries from A to Z

KeganLaw has counseled industries from A to Z: Academia, Art, Beauty, Clothing, Communications, Detective, Dessert, Energy, Food, Farm, Giftware, Health, Internet, Insurance, Inventors, Jewelry, Knowledge, Law, Manufacturing, Music, Management, Medical Devices, Macintosh, Nutritionals, Nonprofits, Organizations, Politics, Publishing, Psychology, Quixotics, Retail, Religious, Regulated Industries, Sports, Transport, Universities, Video, Wine, Xenophilous, Yachting, Zealots, and Zany.

20 Clipper- Winning Chances? Client Relations, Math & Ethics

Clients and others often ask attorneys for the chances of winning a dispute. Attorneys often answer, but they should not. Mathematically the wrong question is asked; numerical answers likely violate legal ethics by incompetently providing incorrect and often deceptive information. A better response provides both valid case evaluation and client emotional support without fabricating false certainty.

17 Clipper- Dangerous Delusions: Do It Yourself, Or Don’t

Many once arcane intellectual property (IP) procedures are now accessible to lay businesspersons and citizens. The Internet provides instruction for almost everything, sometimes accurately. Widespread use of personal computers in many nations combined with cost-reduction pressures have encouraged government agencies to replace many paper forms by online applications, sometimes mandatory, or with higher fees for paper.

While many intellectual property activities can now be performed by laypersons, not all should. Not none should. Which tasks need experienced IP legal counsel and which can as efficiently be performed by lay persons and general legal practitioners depends on several factors, including the abilities and risk propensities of the layperson, the expected financial and emotional significance of the endeavor, and the projected competitive environment.

This article discusses the four main areas of intellectual property—trademark, copyright, patent, and trade secrets—as well as corporate, contract, insurance, and litigation matters, and offers some tips for those who lean toward Do-It-Yourself (“DIY”).

Return to HomePage