Features
The COACH Mark Is Famous, But Not Famous Enough to Support a Dilution Claim
Although acknowledging that the COACH mark for handbags and other luxury goods was famous enough for that fame to be a strong factor in a likelihood of confusion analysis, the U.S. Court of Appeals for the Federal Circuit has concluded that there was insufficient proof that the mark was a "household name" that was famous enough to support a claim of dilution against a third party's COACH-branded educational materials.
The Constitutionality of Pre-Occupancy Inspections
Recently, a village's law requiring occupancy applications and inspection of rental units, before a previously occupied unit may be reoccupied, was held to be unconstitutional by the Appellate Division.
Features
New Requirements for Companies with Personal Information of MA Residents
Companies with personal information of Massachusetts residents must amend their existing contracts with vendors that handle such information to require the vendors' compliance with the Massachusetts data security regulations.
Split and Shared Custody Agreements
In this final installment, the authors examine the question: Does the CSSA generate better results when parents split custody?
Features
Full Recourse Enforcement of Non-Recourse Loans
Two recent cases from Michigan could have far-reaching implications nationwide regarding the enforceability of non-recourse loans as fully recourse.
Features
Retirement Assets for Equitable Distribution
It has become common practice in equitable distribution calculations to reduce pension and other tax-deferred retirement asset valuations ... but there are several problems associated with this practice, and they should be considered by divorcing parties and their advisers.
Features
Cow Harbour True Lease Characterization Decision 'Released'
Whether a lease is a "true" or "finance" lease has been debated in Canadian courts for decades in many different contexts. The Alberta Court of Queen's Bench recently released one of the most important recent decisions in this debate and provided significant guidance as to how leases are to be classified in insolvency cases.
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