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Protecting Product Packaging and Product Configuration
On Dec. 16, 2016, Diageo North America, Inc. (Diageo) sued Sazerac Company, Inc., and Sazerac Brands, LLC (collectively Sazerac) in the United States District Court for the Southern District of New York, claiming, among other things, that Sazerac had committed willful trademark infringement, trade dress infringement, unfair competition and deceptive trade practices. Diageo North America, Inc. v. Sazerac Company, Inc., No. 16 CV 09747 (S.D.N.Y.).
Diageo alleged that Sazerac had redesigned its Dr. McGillicuddy's whiskey bottle and label to knock-off the appearance and unfairly trade on the reputation of Diageo's BULLEIT® brand bourbon and rye whiskey and its distinctive canteen-shaped bottle. According to Diageo, the BULLEIT canteen-shaped bottle, with its embossed lettering and rectangular label (the Bulleit Trade Dress), is intended to evoke the rugged look and feel of the American frontier. Diageo owns incontestable U.S. Trademark Registration No. 3,075,812 for the three dimensional configuration of the BULLEIT canteen-shaped bottle. In addition to injunctive relief, and the destruction of all of Sazerac's allegedly infringing materials such as labels, signs, prints, packages, and advertisements, Diageo sought unspecified money damages.
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.