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Intent to Use
Bona fide intent, the sine qua non of non-use trademark applications, was given new meaning by the Trademark Trial and Appeal Board (TTAB) in a decision released unpublished Feb. 21, 2014, but redesignated as precedent on March 26, 2014. The decision, Lincoln National Corporation v. Anderson, Consolidated Opposition Nos. 91192939 and 91194817, TTAB Mailed Feb. 21, 2014, exemplifies an apparent trend of the TTAB requiring greater proof of an applicant's “intent” as a jurisdictional prerequisite for filing an application or face a finding that the application is void ab initio . This finding may result from an opposition but, perhaps more significantly, from a cancellation many years following registration. In other words, this is the paradigm of the “ticking time bomb” trademark nightmare with a very long fuse.
The Trademark Law Revision Act of 1988 (TLRA), effective Nov. 16, 1989 Public Law 100-667, Nov. 16, 1988, 102 Stat. 2925, 100th Cong., introduced the concept, then alien to U.S. trademark law, of “intent to use” as a filing basis under Section 1(b) of the Trademark Act. Prior to that time, only owners of foreign applications were entitled to file without showing use under Section 44(d), and only then entitled to registration in the U.S. under Section 44 (e) following issuance of the foreign registration itself. In order to avoid frivolous applications filed merely to tie up names on the public records, the TLRA also introduced the requirement that such “intent” be “bona fide” to use the mark “in commerce” and “under circumstances showing the good faith of such person.” The Section 45 definition of “use in commerce” reinforces the need for an objective manifestation of “intent” by providing, “The term 'use in commerce' means the bona fide use of a mark in the ordinary course of trade, and not made merely to reserve a right in a mark.”
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.