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What Protection Do Foreign Firms' Trademarks Have In The United States?
What happens when two businesses, one an insurance broker on the Canadian side of Niagara Falls and the other a bank holding company on the American side, begin using similar domain names and trademarks that result in thousands of misdirected e-mails?
Due to the increasing integration of the global economy and the Internet's pervasive effect on modern-day trademark law, the aggrieved parties have at least three different legal bodies from which to seek relief:
- The Internet Corporation for Assigned Names and Numbers (ICANN);
- A U.S. court; or
- The Trademark Trial and Appeal Board (TTAB), an administrative body established by the United States Patent and Trademark Office (USPTO) to adjudicate disputes regarding the right to obtain and maintain federal trademark registrations.
This article describes one party's choice of the TTAB, which is expected to decide the case in the coming months. As part of the TTAB's outreach efforts to the trademark bar, the Board occasionally hears actual oral arguments in pending cases – with the consent of parties to the actions. In this case, a hearing for final arguments was held at the New York City headquarters of the CLE group Practising Law Institute in February. Here's the gist of the arguments.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
Judge Rules Shaquille O'Neal Will Face Securities Lawsuit for Promotion, Sale of NFTs
A federal district court in Miami, FL, has ruled that former National Basketball Association star Shaquille O'Neal will have to face a lawsuit over his promotion of unregistered securities in the form of cryptocurrency tokens and that he was a "seller" of these unregistered securities.
Why So Many Great Lawyers Stink at Business Development and What Law Firms Are Doing About It
Why is it that those who are best skilled at advocating for others are ill-equipped at advocating for their own skills and what to do about it?
Blockchain Domains: New Developments for Brand Owners
Blockchain domain names offer decentralized alternatives to traditional DNS-based domain names, promising enhanced security, privacy and censorship resistance. However, these benefits come with significant challenges, particularly for brand owners seeking to protect their trademarks in these new digital spaces.
Coverage Issues Stemming from Dry Cleaner Contamination Suits
In recent years, there has been a growing number of dry cleaners claiming to be "organic," "green," or "eco-friendly." While that may be true with respect to some, many dry cleaners continue to use a cleaning method involving the use of a solvent called perchloroethylene, commonly known as perc. And, there seems to be an increasing number of lawsuits stemming from environmental problems associated with historic dry cleaning operations utilizing this chemical.