Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
The Second Circuit Speaks on Color Marks and the Aesthetic Functionality Doctrine
It is not often when fashion and style blogs cover federal court decisions, but the fashion world currently is abuzz with the Second Circuit's recently issued decision in Christian Louboutin S.A. v. Yves Saint Laurent America Holdings, Inc., No. 11-3303-cv, 2012 WL 3832285 (2d Cir. Sept. 5, 2012). As the courts involved in this case have noted, Christian Louboutin's red-soled shoes have become ubiquitous on red carpets and in fashion circles as high-style, high-priced footwear that are immediately associated with Louboutin. So much so, that in 2008, the USPTO granted Louboutin a federal registration for a red, lacquered sole on footwear (the “Red Sole Mark”).
The controversy over the Red Sole Mark began in early 2011, when Louboutin discovered that Yves Saint Laurent (“YSL”), a venerable French fashion house also known for high-style, high-priced footwear and apparel, was preparing to market a line of monochromatic shoes in various colors, including red. Louboutin filed suit in the Southern District of New York, seeking a preliminary injunction preventing YSL from marketing or selling its red monochromatic shoes that also featured red soles. Although the case immediately sparked the interest of the fashion industry, clamoring to watch two fashion giants duke it out in court, intellectual property scholars and practitioners also took note of the novel issues presented in the case. Though perhaps for different reasons, all observers eagerly awaited the Second Circuit's decision determining whether Louboutin could indeed prevent others from using the color red on footwear soles.
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.
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.
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.