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Features
Insurers are not required to "defend" affirmative claims. But "defense" of affirmative claims may be covered if factually related to and necessary to defense. A look at recent case law.
The Trademark Trial and Appeal Board ("Board") of the U.S. Patent and Trademark Office ("PTO") has routinely invalidated trademark registrations based on findings of fraud following its decision in 2003 in <i>Medinol v. Neuro Vasx, Inc.</i> The Board's fraud standard does not require proof of scienter or intent to defraud, but rather a mere showing that the applicant knew, or should have known, that certain statements made in trademark applications or renewal declarations were inaccurate.
In <i>Dastar Corp. v. Twentieth Century Fox Film Corp.</i>, the Supreme Court considered the overlap of copyright and trademark/unfair competition law, concluding that a company did not commit false advertising under '43(a) of the Trademark Act (15 U.S.C. '1125(a)) by representing that it was the author of a previously copyrighted work it had not actually created, as long as its identity as the source of the copied work was clear to the public.
In what should be a major wake-up call to all patent practitioners and patent applicants, the U.S. Court of Appeals for the Federal Circuit has upheld three out of the four highly contentious rule proposals that were proffered by the U.S. Patent and Trademark Office ("USPTO") in 2007.
Features
When pending a trial wherein a franchisor seeks to enjoin a franchisee from breaching a restrictive covenant or a franchisee seeks to enjoin a franchisor from terminating their relationship, Canadian courts have generally applied the following three-part test. This article explains.
Features
Because the financial distress is network-wide, how manufacturers respond to the financially distressed dealership is more important than ever. For some dealerships, the appropriate strategy may be creative cooperation forbearance agreements, operating stipulations, and workouts ' not adversarial enforcement.