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Features
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
It is a basic tenet of professional responsibility that lawyers obtain sufficient proficiency to ensure competent representation of their clients. The challenge in today's world of Big Data and corporate globalization and outsourcing of IT infrastructure is that the level of technological proficiency required is not always clear. Understanding your obligations and establishing defensible processes will be necessary to fully demonstrate competence in discovery should an issue arise.
Features
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
Can computers practice law? Many are inclined to say yes when using them affects us in so many ways. When scanning the pages of LJN's Legal Tech Newsletter , we learn a good deal about the use of computers in the practice of law, but what I am really asking here is how far can ' or will ' we go to automate dispute resolution?
Features
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.
Columns & Departments
S. Ct.: Clear Error Standard Must Now Be Applied To District Court's Factual Claim Construction Findings
Features
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.
Features
The explosion of social media in recent years has dramatically impacted the manner in which individuals and businesses interact with one another. Social media gives businesses endless opportunity to increase brand awareness and expand audience reach. However, social media also presents myriad legal issues, particularly with respect to brand management.
Columns & Departments
Analysis of rulings important to med mal practitioners.
Columns & Departments
In-depth analysis of a recent case in which the Second Circuit ruled that "Tipping" liability for insider trading requires knowledge of the tipper's benefit.
