Maui has a flourishing food industry, from locally grown pickles and cookies that melt in your mouth to all-organic energy bars that are out of this world delicious. What gives these companies their competitive edge is often their recipe. A recipe is usually a combination of ingredients with a set of instructions for their preparation. Recipes can […]
Is Your Aloha Shirt Design Copyrightable? The U.S. Supreme Court Set to Decide Whether Garment Designs Are Protectable
Last week, the U.S. Supreme Court announced that it will address what was described by the petitioners in the case as “the single most vexing, unresolved question in all of copyright”; that is, whether apparel can be protected by copyright law. U.S. copyright law protects “original works of authorship fixed in any tangible medium of […]
A decision on August 13, 2015 by the Federal Circuit increases the probability that non-practicing entities, referred to by some as “patent trolls”, will be rolling out more law suits. Until the August 13 decision, it was very difficult to enforce a patent where multiple parties are needed to infringe. For example, if a method […]
In cumulative voting, voters cast as many votes as there are seats. They can put multiple votes on one or more candidates. Unlike winner-take-all systems, voters are not limited to giving only one vote to a candidate. In “regular” or “statutory” voting, shareholders may not give more than one vote per share to any single […]
Many Boards are finding that it is much easier to take action by voting via email. Is this a legal method of voting? Hawaii Revised Statutes (“HRS”) Chapter 514B, the Condominium Property Act, does not specify whether Board members can vote by written consent or not. Sometimes an association’s Bylaws or Declaration may provide for […]
Serving on a board of directors for an association – a voluntary job – has stringent requirements. The below list identifies for the board of directors their obligations and fiduciary duties to the association. Failure to fulfill these obligations could lead to a lawsuit against the association, the board, and even you personally. The obligations […]
By Shannon Sheldon and Jeffrey G. Sheldon All rights reserved…Or are they? Your company retains an outside programmer to write software that later is copied by a competitor. Your company sues the competitor, but loses. Or, your company retains an outside programmer to write software for internal use. The program is so good that your […]
Operators of Kayak, Outrigger Canoe, Spear Fishing, Scuba Diving and Related Shoreline-Based Commercial Activities, Beware!
You Are Now Likely Subject to DLNR’s Commercial Permitting Rules! Over the past few years, the Department of Land and Natural Resources (“DLNR”) has been fielding more and more complaints from people on the beach that they can’t access the best spots due to too many commercial operators being in the area. Certainly we’ve all […]
Will Trade Secrecy Finally Join Its IP Siblings, Patents, Trademarks and Copyright, in Federal Court?
On January 20 2015, President Obama in his State of the Union address called for congressional action on cybersecurity, invoking the need to protect our businesses’ privacy, trade secrets and the economy. Theft of intellectual property is estimated to cost U.S. firms billions of dollars annually. Much of this loss is attributable to the misappropriation […]