Commercial Law

  • 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 Hana Financial, the U.S. Supreme Court considered the question and settled the circuit split, holding that tacking is a question for the jury.

    January 31, 2015Rhojonda A. Debrow Cornett

  • 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).

    January 31, 2015Joseph A. DiRuzzo, III

  • 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.

    January 31, 2015Leonard Deutchman

  • 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.

    January 31, 2015Glenn Plattner and Kristy A. Murphy

  • 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.

    January 31, 2015Susan Carol, Darron Markwood and Byron Saintsing

  • 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.

    January 31, 2015Scott Graham

  • 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.

    January 31, 2015Richard H. Stieglitz and Nichol Chiarella

  • Pricing It Right: Restructuring Billing

    As pressure on pricing continues, Big Law firms are buying (or building) analytics technology and hiring pricing specialists ' people who use market data, internal firm data and economics/pricing experience to ensure that firms are smart about bidding on work. The mission: Educate clients about the value the firm brings, while making sure to charge enough to make a profit.

    January 31, 2015Tam Harbert