Law.com Subscribers SAVE 30%
Call 855-808-4530 or email [email protected] to receive your discount on a new subscription.
The Case for Use of Accelerated Case Resolution in TTAB Proceedings
At the time of early discovery conferences, parties involved in disputes before the Trademark Trial and Appeal Board are required to consider “any additional topics that could promote settlement or efficient adjudication of the Board proceeding,' including the Board's Accelerated Case Resolution (ACR) procedure.” T.B.M.P. §401.01. Based on the number of proceedings that actually take advantage of ACR, however, there are very few takers. Of the 6,156 oppositions and 2,101 cancellations initiated before the Board in 2017 to date, only seventeen took advantage of ACR. See, http://bit.ly/2mKCCeJ.
Although ACR may be inappropriate for many proceedings, the reticence of parties to take advantage of a streamlined, efficient structure for proceedings also likely reflects a lack of familiarity with available ACR options as well as an unjustified perception that a robust discovery and trial period always best serve their interests. This article outlines the available options under the Board's ACR rules and discusses the strategic considerations in determining whether ACR might be advantageous, particularly in light of increasing pressure from clients to reduce costs and expedite the decision-making process. In that regard, current statistics reflect that inter partes proceedings, on average, take more than three years through final decision, use of ACR can result in a decision in less than a year.
This premium content is locked for Entertainment Law & Finance subscribers only
ENJOY UNLIMITED ACCESS TO THE SINGLE SOURCE OF OBJECTIVE LEGAL ANALYSIS, PRACTICAL INSIGHTS, AND NEWS IN ENTERTAINMENT LAW.
- Stay current on the latest information, rulings, regulations, and trends
- Includes practical, must-have information on copyrights, royalties, AI, and more
- Tap into expert guidance from top entertainment lawyers and experts
Already a have an account? Sign In Now Log In Now
For enterprise-wide or corporate acess, please contact Customer Service at [email protected] or 877-256-2473
New York's Latest Cybersecurity Commitment
On Aug. 9, 2023, Gov. Kathy Hochul introduced New York's inaugural comprehensive cybersecurity strategy. In sum, the plan aims to update government networks, bolster county-level digital defenses, and regulate critical infrastructure.
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.
How AI Has Affected PR
When we consider how the use of AI affects legal PR and communications, we have to look at it as an industrywide global phenomenon. A recent online conference provided an overview of the latest AI trends in public relations, and specifically, the impact of AI on communications. Here are some of the key points and takeaways from several of the speakers, who provided current best practices, tips, concerns and case studies.
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.