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June 2019 Archives

Advertising pitches can give rise to IP disputes

When companies in Colorado and around the country decide to launch new media campaigns to promote their brands, they often ask several advertising agencies to submit their ideas during what are known as pitch sessions. This can lead to thorny legal problems as the winning campaign often contains marketing strategies and ideas that are similar to strategies and ideas submitted by agencies that failed to win the contract. Matters can also become complex when the winning agency includes some of its ideas in pitches it later makes to other clients.

Supreme Court ruling helps trademark licensees

In a decision that could have wide-ranging importance for trademark owners and licensees in Colorado, the Supreme Court has ruled that licensees retain their rights even after the licensor rejects the agreement in a bankruptcy proceeding. Bankruptcy courts have differed on the matter and how trademark licenses can be rejected under section 365 of the U.S. Bankruptcy Code. When a trademark owner files for bankruptcy, it may seek to repudiate its license agreements in order to restructure their rights process or escape obligations under their contracts.

Failing to plan hurts many startups

Owning a business can become a path to autonomy, financial independence and security. The statistics reflect that there is a high mortality rate among startups, yet small businesses continue to play a significant role in driving the economy and creating new jobs. While the risk is there for Colorado entrepreneurs, so too is the reward. Often, the difference between ultimate success and failure can come down to the details of planning.

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