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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.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
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.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.