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Author Archives: Andrew P. Botti

Trade dress fight can be a mess, but a necessary one to protect your brand

Fights over trade dress are legendary, costly and complicated but sometimes very necessary. The entire point of the product’s trade “dress” is to identify its source, i.e., the manufacturer, etc., in the eyes of the public. In this way, an ...

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Developments on the Massachusetts non-compete front

There has been a flurry of activity on Beacon Hill in recent years concerning the law of post-employment restrictive covenants in Massachusetts, where common law has for well over a century favored the enforcement of well-crafted non-competition agreements. Many Massachusetts ...

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Reach of retaliation claims expanded

The U.S. Supreme Court recently gave a big weapon to employees when it ruled that a Civil War era statute – 42 U.S.C. §1981 – encompasses retaliation claims related to workplace discriminatory animus. Interestingly, the statute itself does not even ...

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