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Lulu v. Hulu: What's All of the Hullabaloo?
The lawsuit between 'Lulu.com' and 'hulu.com' led to headlines such as 'Lulu SuSues Hulu' and 'Lulu Says Hulu Made a Legal Boo-Boo' in the national press and throughout the Internet. While the rhyming nature of these two Web sites provided entertaining fodder for journalists and bloggers, in Lulu Enterprises, Inc. v. N-F Newsite, LLC, aka Hulu, LLC, et. al, Case No. 5:07-CV-347-D, 2007 WL 3101011 (E.D.N.C. Oct. 19, 2007), the court focused its denial of Plaintiff Lulu Enterprises, Inc.'s motion for preliminary injunction not on the rhyming nature of the domain names, but upon the Plaintiff's inability to prove imminent harm from the launch of Defendant's 'hulu.com' Web site. Rather than focusing on a likelihood of confusion analysis, the court's decision instead contains useful commentary on the effects of statements made in federal registration applications, and the likely expansion of the use of the mark, as they relate to the 'imminent harm' standard in trademark and unfair competition cases.
The Case
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.
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.
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.