Copyright: The Idea Can Be Copied, Not the Expression

A core precept of copyright law is that ideas are not protectable.What is protected is the creative and particular way that idea is expressed.

Transferring Your Trademark Out of Your Estate Must Include Goodwill

Consider how your trademark will pass upon your death. It is not as simple as it seems.

Third Circuit: A Tax Sale May Be Avoided as a Preference

In a decision that will likely rekindle the discussion of whether a transfer of property resulting from a properly conducted tax sale or foreclosure sale may be avoided in bankruptcy, the U.S.

Circuit Court says Goodwill Is Subject to Recordation and Transfer Taxes

The Circuit Court for Baltimore County recently held that the portion of a sale of three senior living facilities relating to the goodwill of the business was subject to recordation and transfer ta

Bubba Gump Shrimp Wins its Case against Harborplace But Cannot Keep the Damages Awarded

We learned the following from the decision of the Maryland Court of Special Appeals about Bubba Gump Shrimp Co. Restaurants, Inc.’s litigation against its landlord at Harborplace:

Relating to Real Estate - November 2019

IN THIS ISSUE:BUBBA GUMP SHRIMP WINS ITS CASE AGAINST HARBORPLACE BUT CANNOT KEEP THE DAMAGES AWARDED

Solar Focus 2019 - Overcoming Challenges to Maryland's Community Solar Program

Caroline Sweet was a panelist at the 12th Annual Solar Focus Conference on November 21, 2019. The conference was held in Baltimore, MD, and hosted by MDV-SEIA.

Can Branding Avoid Design Patent Infringement?

Design patents cover ornamental designs for “article[s] of manufacture,” protecting a design “as shown and described” in the submitted drawing. 37 CFR §1.153(a).

Failure to Object to Bankruptcy Sale Causes Agency to Lose Valuable Easement

Under the bankruptcy code, a debtor in possession in Chapter 11 or a trustee in Chapter 7 or 11 is given powers and rights that do not exist outside of bankruptcy.
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