Features
Viacom and Google Defeat Privacy Claims over Kids' Online Data
A federal judge in Newark dismissed multidistrict litigation against Google Inc. and Viacom Inc. in rejecting claims that the companies' online data collection violates the privacy of children under 13.
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Court Watch
Rare Franchisee Judicial Victory Sets Dangerous Precedent for Franchisors
Features
Supreme Court Rules Trademark Tacking Is a Question of Fact
Priority of use is a hallmark of trademark law. Over the years, lower courts have recognized a doctrine called "tacking," under which a trademark owner may "clothe a new mark with the priority position of an older mark." The key to the tacking doctrine is that the new trademark must "create the same, continuing commercial impression" as the old mark. In <i>Hana Financial</i>, the U.S. Supreme Court considered the question and settled the circuit split, holding that tacking is a question for the jury.
Features
Asymmetrical Reporting
As the regulatory state continues to grow with every passing year, businesses' obligations to provide information to, and file reports/forms with, local, state, and federal governmental agencies increases. Each filing also represents justification to the IRS to audit a business (to the extent that justification is needed).
Features
Information Security
For the past few years, considerable public discussion about the need for law firms to address information security, or InfoSec, issues with their clients. InfoSec can hardly qualify as the next big thing. However, the Sony story has brought the issue front and center and, as we get further into 2015, we can be sure that the issue will only grow.
Features
Are Franchisors 'Employers'?
Part One of this article analyzed what recent court and NLRB decisions are saying about the franchisor/franchisee employment question. The discussion continues herein.
Features
Why Social Media Should Not Be Ignored
At the annual Equipment Leasing and Finance Association's (ELFA) Convention this past October, the social media panel discussion was surprisingly well attended. Such interest was unexpected because there are many industry executives who still don't see the value of including social media in their business communications mix. But, they should not ignore it, and this article will explain why.
Features
Is Band's Name Too Offensive For Trademark Approval?
Offensive band names are a staple of rock music. Rock fans of a certain age will remember The Dead Kennedys of punk rock fame. The Butthole Surfers, Pussy Galore and Dying Fetus developed substantial followings despite, or because of, their outrageous names. Oregon dance rock band The Slants is another that seems determined to provoke.
Features
The Tax Increase Prevention Act of 2014
On Dec. 19, 2014, the President signed into law the long-awaited year-end tax package, the Tax Increase Prevention Act of 2014 (TIPA). This law extended to the end of 2014 many but not all of the individual, business, and energy provisions that expired at the end of 2013. In addition, the law provides for a new tax-advantaged savings program to aide in meeting the financial needs of disabled individuals, called the " Achieving a Better Life Experience" (ABLE) program.
Features
Federal Circuit Finds Claims Directed to DNA Primers and Methods of Use Unpatentable
The Federal Circuit's decision in <i>Univ. of Utah Research Found. v. Ambry Genetics Corp.</i> is the latest in the series of <i>Myriad</i> cases dealing with the patentability of genetic material.
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