Features

Supreme Court Upholds Names Clause in Trademark Law, Emphasizing Historical and Traditional Foundations
In a landmark decision, the U.S. Supreme Court has unanimously upheld the constitutionality of the Lanham Act's provision that prohibits the registration of trademarks consisting of or comprising the name of a particular living individual without the individual's written consent.
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Co-ops and Condominiums
Condominium Purchaser Was On Inquiry Notice of Unrecorded Easement Condominium Board May Not Depart from Declaration's Funding Provisions Failure to Make Repairs Does Not Excuse Failure to Pay Common Charges
Features

SCOTUS: Prospective Relief Is Only Remedy Necessary to Resolve Unconstitutional U.S. Trustee Fee Scheme
In a recent decision, the U.S. Supreme Court held that the government was not required to refund millions of dollars paid by a Chapter 11 debtor pursuant to an unconstitutional fee scheme between the judicial districts.
Features

Fifth Circuit Agrees With 'Cleary': Corporate Debtors Are Subject to Section 523(a) In Subchapter V Case
Armed with two circuit-level decisions, creditors who lose at the bankruptcy court level may feel encouraged to appeal. As of now, no court in the Second Circuit has addressed the issue and it remains to be seen how other courts will react.
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Landlord & Tenant Law
Notice Sufficient In Action to Eject Occupant Lease's Taking Clause Excuses Tenant from Payment of Rent<br Village's ETPA Resolution Upheld Landlord's Delay In Providing Itemized Statement Precludes Landlord from Retaining Any Portion of Security Deposit Assignee Liable for Breach of Lease Constructive Eviction and Warranty of Habitability Defenses Rejected
Features

Idaho District Court Imposes First-Ever Bond Order Under the State's Bad Faith Assertions of Patent Infringement Act
The Act is intended to guard against patent trolling and creates a private cause of action for those targeted by bad faith infringement assertions and contemplates two types of relief: remedies and a bond requirement.
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Real Property Law
Tenants In Common Failed to Establish Claim of Right Element of Adverse Possession Claim Questions of Fact About Adverse Possession Claim
Features

Do Post-Bankruptcy Petition Lease Claims Automatically Result In An Administrative Expense Claim for Unpaid Rent?
In In re Jughandle Brewing, a NJ Bankruptcy Court concluded allowance of an administrative expense claim is not automatic and also may not be the sole remedy for a debtor or trustee's failure to perform its post-petition obligations under a commercial lease.
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Fresh Filings
Notable recent court filings in entertainment law.
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Development
Challenge to Site Plan Approval Dismissed for Failure to Exhaust Administrative Remedies Area Variance Upheld
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