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How Energy Drink's "Purple Rain" Trademark Application Was Rejected
At the U.S. Patent & Trademark Office (USPTO), the trademark examining attorneys and administrative judges of the Trademark Trial and Appeal Board (TTAB) are tasked with reviewing trademark applications to ensure that they are in good form and that the applied-for mark is eligible for federal trademark registration. Examiners and judges are guided in their review by several policies including the Lanham Act, 15 U.S.C. §1051 et seq., the federal statute governing trademark law in the United States and the USPTO's trademark rules of practice and trademark manual of examining procedure or TMEP, among others.
The TMEP is a publicly available document that serves as an excellent resource for actual and potential trademark applicants, registrants and their attorneys. It is accessible online and easily searchable. The TMEP incorporates the Lanham Act and identifies all important application details, including what must be included in an original or renewal application, who is entitled to register a mark and whether they must be represented by an attorney, and what kind of mark is eligible for federal trademark registration versus what kind of mark is prohibited.
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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.
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.
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.