George Davison Iowa Law

For DMACC Business Law I Students, Collective Trademarks

Des Moines lawyer and intellectual property guru Brett Trout has an excellent post at his Blog entitled  Collective Trademarks.  The article observes that a Collective Trademark "is a trademark used by the members of a group to indicate association with that group. Popular collective trademarks include American Bar Association, Realtor Associate, Rotary International, American Institute of Certified Public Accountants, as well as the names of various fraternities and sororities."  The article also gives excellent details about the process of registering a trademark.

Minimum Contacts

Here is an example of minimum contacts in the electronic age.  Note the conflict among and between the laws of the state of New York and the laws of Montana.  Also, note how little contact is now required to allow one state to exercise jurisdiction.

George F. Davison, Jr., JD

It's a Small, Small World

If you're a business negotiating a contract with someone in New York, keep in mind that if you use the telephone, e-mail, or instant messaging with them -- even in reply -- you're "projecting yourself" into New York and thus subjecting yourself to personal jurisdiction in the Empire State.  The New York Law Journal summarizes a recent decision to that effect by the New York Court of Appeals.  In the case, a Montana state agency that replied to an unsolicited e-mail by a New York bank offering to swap bonds found itself subject to jurisdiction in New York, despite a Montana statute providing for exclusive jurisdictions in Big Sky courts.

[Frank Snyder]