Our Blog

Trade Secret and Trade Secret Protection: Knowing is Half the Battle

Waymo v. Uber.  Qualcomm v. Apple.  ZeniMax v. Oculus.  While high profile trade secret cases like these have become more prevalent in headlines over the past couple of years, intellectual property cases do not only arise in the context of well-known corporations.  The number of trade secret cases in general has risen exponentially, due in part to the increase in startups, small tech firms, and the mobility of employees.  Oftentimes, smaller businesses rely on trade secret protection for designs and processes to avoid the upfront expense of obtaining patents, which require public disclosure of the underlying science or process and typically only provide protection for a set number of years.

Continue reading
  731 Hits
731 Hits

Fiduciary Duties Involved in Colorado Businesses; Part I - The Basics

Colorado offers a lifestyle that is attractive to many new businesses, and in recent years, we have seen an influx of residents and start-ups seeking to take advantage of all this state has to offer. But business people—and particularly friends entering into business on a handshake or “back-of-the-napkin” deal—should take care to draft business agreements up front in order to avoid the lawsuits that may ensue when disputes arise down the line. One particular area of concern that often times leads to the break-up of a business is a breach of fiduciary duty. But what is a fiduciary duty and how do you know if you are violating it? This series will first address the basics of fiduciary duties, the sources from which those duties come, and the enforcement of those duties. Then, each subsequent Part will address what those duties entail in relation to a partnership, limited liability company, and corporation.

Continue reading
  3334 Hits
3334 Hits

Competing with Non-Compete Provisions

You are married to your job. You are what you do. There is truth to the idea that we all identify ourselves with the profession we have chosen. So, what happens when someone tries to limit your ability to do that job? Most often, these limitations are presented in the form of a non-compete clause in a contract. Colorado does not look favorably on restricting competition or a person’s ability to work, and our legislature enacted law that defines very narrow exceptions to the general rule that covenants not to compete are void. Colorado Revised Statute Section 8-2-113 states that a contractual restriction on a person’s ability to perform “skilled or unskilled labor for any employer” is automatically unenforceable unless it falls into one of four categories.

Continue reading
  1956 Hits
1956 Hits

How to Determine Whether the Economic Loss Rule Bars Your Client’s Tort Claims

(The third in our series of three articles on the Economic Loss Rule in Colorado)

Continue reading
  7254 Hits
7254 Hits

Contract Claims that Overlap With Tort Claims in Colorado Likely Bar the Latter

(The second in our series of three articles on the Economic Loss Rule in Colorado)

Continue reading
  2522 Hits
2522 Hits

Unique Challenges for Marijuana Businesses

Colorado companies involved in the marijuana business face a unique challenge. While other businesses can protect their brands and identities by filing for a federal trademark with the USPTO, the Lanham Act prohibits businesses in the marijuana industry from receiving trademark protection. That leaves Colorado's cannabis entrepreneurs in a tough spot--if they take the time and spend the money to develop a true brand identity, they have no easy protection from competitors copying their brand identity and passing off fake product as genuine. In the absence of federal trademark protection, Colorado businesses need to take advantage of the limited trademark protection available under state law. Ogborn Mihm, LLP is helping one such business defend its brand identity and trademarks in Boulder District Court.  For more, please visit: http://www.businessden.com/2015/08/12/pot-bb-takes-copyright-fight-to-court/. 

  1953 Hits
1953 Hits

Tort or Breach of Contract? Considering The Economic Loss Rule in Colorado

(The first in our series of three articles on the Economic Loss Rule in Colorado)

Continue reading
  6966 Hits
6966 Hits

Contact Us