Author: Gavin Law Offices

Valentine’s Day Fun Facts!

Posted on by Gavin Law Offices

Candy, flowers, and even heart-shaped pizzas may come to mind when preparing for the 14th of February. 

But where do these traditions come from? How are Americans celebrating this year? Here’s some fun facts about Valentine’s Day:  

  1. Not surprisingly, the Legend of St. Valentine bears little resemblance to our modern celebrations. It is alleged that before his death, St. Valentine signed a letter to his love with “From your Valentine.” 
  2. The Greeting Card association estimates that 145 million Valentine’s Day Cards are sent every year, second only to Christmas.
  3. A somewhat polarizing celebration among Americans, only around half of U.S. adults will celebrate Valentine’s Day this year, according to statista. 

Recognized by many as a celebration of love, Valentine’s Day in the United States also represents major economic activity. In total, consumer spending on Valentine’s Day in the U.S. is expected to total 21.8 billion dollars this year. This is quite a large number, but is actually significantly less than years prior due to the COVID-19 pandemic. Dining-out options represent another likely change for this year. More people will be celebrating with a night in or ordering take out rather than a traditional date night. 

If you’re looking for last minute gifts or activities, here are some options:

  1. Gift cards for a favorite local business. With economic uncertainty, now is an extra important time to spread some love and support to the local community.  
  2. DIY “coupons.” Make slips of paper with activities to give to your loved one to redeem when they wish. These could be thoughtful gestures like serve breakfast in bed or playful options such as watch your (terrible) show, set thermostat to your (freezing) setting, and load dishwasher your (wrong) way. Not only are these coupons an inexpensive option, they can also really come from the heart as you personalize them and add some levity to pandemic life! 
  3. Virtual “Palentine’s” party! Single? Complicated? No worries! This time of year isn’t just for romantic love – set up a call with friends to watch cheesy rom-coms, share embarrassing date stories, test out a cat filter, and snack on everything heart-shaped.  

Valentine's themed treat boxes sit atop the front desk at Gavin Law Offices

 

This year we were inspired by Valentine’s celebrations of our youth and set up small treat boxes in the office. Everyone received candy, stickers, and a small fortune to unbox. In addition, team members decided to get small surprises to give to one another!

So, how are you celebrating this February 14th? 

Romantic candle lit dinner with a loved one? Or is it a time to poke fun at our traditions and instead gather – virtually – with friends? Let us know!  

 

Clarifying Non-Compete Law in Virginia

Posted on by Gavin Law Offices

In 2020, Virginia passed legislation creating prohibitory rules regarding noncompete agreements. This statute follows several other states which have created similar laws. In Virginia, employers cannot enforce noncompete agreements against low-wage employees. To fully understand and know what next steps to take for you or your business, let’s take a closer look.

This statute prohibits any agreement that “restrains, prohibits, or otherwise restricts an individual’s ability, following the termination of the individual’s employment, to compete with his former employer” (§ 40.1-28.7:8). This means there is potential to affect noncompete provisions in employment agreements, standalone restrictive covenants, and separation agreements. It does not prohibit confidentiality agreements and nondisclosure agreements.

What exactly is “low-wage”?

The term “low-wage employee” is a bit of a misnomer because it includes around half of VA employees. The statute defines low-wage employees as anyone who receives less than the average weekly wage per VA Employment Commission. This number will be updated quarterly and is subject to change but is currently approximately $59,124/year or $1,137/week. Low-wage employees also include “interns, students, apprentices, or trainees employed, with or without pay, at a trade or occupation in order to gain work or educational experience” (§ 40.1-28.7:8).

Another important aspect for employers is penalties for violation. A qualifying employee may sue an employer for violating or attempting to violate this law. The employee may receive “all appropriate relief” (§ 40.1-28.7:8) which may include:

  1. An injunction against the employer
  2. Liquidated damages
  3. Lost compensation
  4. Reasonable attorney’s fees and costs, including fees for expert witnesses

What employers can do:

Luckily, there are some measures that employers can take to avoid violation, provide a fair working environment, and still protect their professional interests. An easy first step is to post a copy or approved summary of the statute with other required employment notices. Employers must also take the time to review form non-compete agreements (and other restrictive covenants) to ensure compliance. Non-compete agreements for employees other than “low-wage employees” are enforceable if the employer can show that they are:

  1. Narrowly drafted to protect legitimate business interest
  2. Not unduly burdensome on the employee’s ability to earn a living
  3. Not against public policy

Due to other provisions of note not explored in this post, be sure to contact Gavin Law Offices for more information.  We continually monitor recent non-compete and trade secret legislation to better serve you and your business.

(This is not intended as legal advice. Contact a lawyer for assistance in your particular situation.)

 

What You Need to Know About the CASE Act

Posted on by Gavin Law Offices

The CASE Act of 2020 establishes a new Copyright Claims Board (“CCB”) to hear infringement, noninfringement and misrepresentation claims which meet certain criteria.  Generally, the Act provides a less expensive method for harmed parties to assert copyright claims short of filing in federal court.

Remedies available include actual damages and profits, statutory damages and injunctive relief.  Works timely registered with the Copyright Office are eligible for an award of statutory damages of up to $15,000 for each infringed work.  Statutory damages for timely registered works may not exceed $30,000 in any single proceeding.  Works considered not timely registered are eligible for statutory damages of $7,500 per infringed work, not to exceed, however, $15,000 in any single proceeding.  For both timely and not timely registered works, statutory awards limitations are exclusive of attorneys’ fees and costs.

Claimants must file an application to register the allegedly infringed work prior to filing with the CCB. Although issuance of a copyright registration certificate is NOT required to initially file, registration IS required for damages to be awarded.

 

Why does it matter?

Lower value small claims may now be asserted more easily.  For those seeking small licensing fees for use of their works or wishing to represent themselves, the CASE Act will help.

The CCB will be staffed with attorneys who may be available to help claimants evaluate or state their claim.  This may allow certain claimants to file on their own without hiring a personal attorney; it should be noted, however, that CCB staff attorneys may or may not provide more than general guidance to the claimant and may or may not be available when needed.

Defendants/Respondents in CCB claims have the right to opt out of the proceedings (within 60 days) and to instead have the claim heard in federal court.  If so, the claimant will have wasted time filing with the CCB and will still need to move forward in federal court, which will benefit large corporate defendants.

 

What to do?

  1. Get Registered. To take full advantage of the CCB statutory damages awards, copyrighted works need to be timely registered.
  2. Audit Content and Contracts. Don’t be an easy target for claims, meaning, review content and related contracts to ensure proper licensing or originality of content and add a layer of indemnity to contracts before small claimants can take advantage of new easier filing of copyright complaints against you.

 

 

– Pam Gavin & Elizabeth Sewell

(This is not intended as legal advice. Contact a lawyer for assistance in your particular situation.)

Will Trademark Holders Lose Rights in the UK?

Posted on by Gavin Law Offices

By Elionas2 from Pixabay

While the United Kingdom formally withdrew from the European Union early last year, the Brexit transition period officially ended on December 31, 2020.  During the transition period, European Trade Mark Registrations (EUTMs) still extended to the UK and provided EUTM owners protection in the country.  Although as of January 1, 2021 EUTMs are no longer protected in the UK, the UK Intellectual Property Office (UK IPO) has created “comparable trade marks” for all registered EUTMs.  These comparable trade marks have the same legal status as if they were originally applied for and registered in the UK.  Owners of registered EUTMs did not need to request that any such comparable rights were created – this process was automatic.  Moving forward, the below points may be helpful in navigating trademark protection in the UK:

  • Pending EUTM applications – Any EUTM applications still pending on January 1, 2021 will need to be re-filed as new UK trade mark applications. Applicants may file new UK applications by September 30, 2021 to maintain the filing date and priority date of their EUTM applications.  The UK trade mark must be identical and cover the same goods and services as the EUTM.  UK trade mark application filing fees will apply, and the UK application will be subject to the same review process as any other UK trade mark application.
    • Because filing dates are important outside of the US, applicants with pending EUTM applications should aim to file within the 9 -month period after January 1, 2021 to ensure they are able to claim the same filing/priority dates in the UK as their EUTM applications. This process will not be automatic and requires action by applicants/counsel.
  • Address for Service in the UK – Those wishing to apply to register a trade mark in the UK should note that an address for service in the UK is required for new applications. Under the UK IPO’s new rule, owners of UK comparable trade marks will not need to change their address for service for 3 years if their new comparable trade marks were created from registered EUTMs.  After January 1, 2024, comparable trade mark owners will need to change their address for service to the UK only if their right is subject to proceedings (if your right is challenged and your address for service is outside the UK, the UK IPO will ask you to provide an address in the UK to engage in those proceedings).  Interestingly, this 3-year exception for comparable trademarks does not apply to comparable trade marks created from international registrations designating the EU under the Madrid Protocol.
    • This rule will limit businesses/individuals from filing UK trade mark applications themselves if they do not have a UK address. Owners of comparable UK trade marks may want to look into whether their existing EU counsel has an office in the UK.  Otherwise, such owners will need to appoint a new representative in the UK by January 1, 2024.  If your comparable UK trade mark was created from an EU designation under a Madrid Protocol application, the 3-year exemption period does not apply and you may need to appoint a representative with a UK address for service now.
  • Use Requirements – For EUTMs, an owner may use a mark in any member state of the EU to demonstrate use across the EU. Because the UK is no longer part of the EU, those applying for a UK trade mark will need use the mark in the UK in order to demonstrate use and may not rely on use in the EU.  For those with existing EUTM registrations that created comparable UK trade marks, the UK IPO will consider previous use in the EU.  However, owners of new UK comparable trade marks should note that marks become vulnerable to cancellation proceedings in the UK on the grounds of non-use after five years.  Thus, owners should put their marks to use in the next few years in the UK (if not already in use) if they wish to maintain their UK trade mark registrations and to avoid becoming vulnerable to cancellation proceedings.

For other questions, Gavin Law Offices is glad to advise on EU and UK trademark matters.

– Courtney Reigel, Esq.

January Focus: Self-care and Wellness

Posted on by Gavin Law Offices

Self-care can mean a lot of different things and everyone practices it a little differently. We wanted to highlight some of the ways that our team has been taking care of our well-being. To celebrate the new year, we decided to treat ourselves to facemasks.

Finding time to rest and relax is an important part of sustainable working habits. Some members of our team use candles and soft music to relax. Elizabeth sticks to a meditation routine and Jenn likes quiet days.

Taking care of ourselves involves more than just the ways in which we relax, itis also sticking with healthy routines. Here are some of the best ways to start your day, according to the GLO team:

Courtney: Coffee

Pam: A solid night’s rest

Jenn: Coffee, socks, and pups!

Elizabeth:  A (COVID-19 compliant) walk with close friends.

Lily: Upbeat music

There is a whole list of ways to practice self-care that works for your life, whether it be for your physical, mental, or any other part of your well-being! This could look like daily routines that help support your goals or treating yourself to something special. Finding what helps you recharge is important, whether it’s daily increments of exercise, walks in sunny weather, or guilty pleasures like reality TV shows. Let us know how you relax and recharge!