February 2021 - Gavin Law Offices, PLC

Trademark Modernization Act: What You Need to Know

Posted on February 26, 2021 by Gavin Law Offices

Congress passed the Trademark Modernization Act of 2020 on December 27^th. It will become effective one year after its passage and aims to support businesses’ marketing and branding decisions in relation to their trademark registrations. As it introduces significant revisions to the Lanham Act, it provides new ways to challenge pending applications and existing registrations at the Trademark Office.

Because courts across the country took various positions regarding whether infringement created irreparable harm, the Act clearly restores a rebuttable presumption of irreparable harm to obtain injunctive relief for a trademark violation. The Act also establishes new procedures for third parties to challenge fraudulent applications and registrations.

Trademark owners will have new options in their brand protection arsenal but should also be aware that these procedures could open their trademark applications and registrations to new types of challenges from competitors. This stands as a pertinent reminder of the importance of trademark preclearance, monitoring, and enforcement.

For any questions about trademark filing procedure and the best path to protect your trademarks, please contact Gavin Law Offices, PLC. As a team that specializes in trademark filing and maintenance, we’re here when you need us.

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

Valentine’s Day Fun Facts!

Posted on February 12, 2021 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:

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.”
The Greeting Card association estimates that 145 million Valentine’s Day Cards are sent every year, second only to Christmas.
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:

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.
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!
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.

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 February 9, 2021March 2, 2021 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:

An injunction against the employer
Liquidated damages
Lost compensation
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:

Narrowly drafted to protect legitimate business interest
Not unduly burdensome on the employee’s ability to earn a living
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.