Trial practice requires familiarity with many rules of evidence. One such rule, often overlooked, is the "best evidence rule."The rule itself is easy enough to recite: You need an original if an original is available. But similar to the hearsay rule-with its many...
Minnesota Legal Blog
Matthew J. Schaap
Don’t Miss the Mark: Choosing a Standard Character Mark or Stylized Logo in Your Trademark Application
Filing a trademark application with the U.S. Trademark Office can be a confusing endeavor for the uninitiated. And while the trademark office has gone to great lengths to teach users about the process through videos and how-to instructions, the variety of choices can...
Understanding Defamation Per Se
In general, Minnesota law provides a remedy to those who have been defamed. Defamation consists of (1) a statement of fact that tends to injure one's reputation; (2) which is communicated to another; and (3) that the speaker knew or should have known to be...
Trademarks: Don’t Forget the Disclaimer
Lawyers love disclaimers, but so does the U.S. Trademark office, but not for the reasons you'd think. This blog explains disclaimers in this narrow context and why these disclaimers give rights to the public, rather than taking them away.Disclaiming WordsA trademark...
Minnesota Evictions: Plain and Simple, Sort of . . .
Very few people are confused about what it means to be "evicted" from property. If you are like me, you envision an "eviction" involving an angry sheriff's deputy who presides over your physical extraction from the property, together with all of your belongings, which...
Wondering About Legal “Fireworks” in Minnesota? We Thought So.
Right around this time each year, Minnesotans head to temporary tent stores around the state (um, and some border states) to buy fireworks. Celebrating the Fourth of July without fireworks almost seems unpatriotic, or, at a minimum, un-fun. What could be more American...
Minnesota Contracts: The Elements
On February 4, 2018, Minnesota will play host to the largest televised event of that year: Super Bowl LII. Minnesota and U.S. Bank Stadium will be on display. But behind the scenes, a complex framework of contracts for goods and services will allow millions of dollars...
Hiding Marital Property is More Common Than You Think
While wealthy people can be accused of hiding assets during a divorce, it is not uncommon among other couples as well. People in Apple Valley may not give much thought to the idea that their spouse could be hiding marital property, but they should. Despite how...