Features
Lease Financing of Solar Power
Hardly a day goes by without major media attention to global warming and the need to develop and invest in sources of alternative energy. Legislation to encourage investment in renewable energy has bipartisan support. Tax legislation passed in 2005 and 2006 extended the renewable energy production tax credit and the energy investment tax credit to facilities placed in service before Jan. 1, 2009. Further extension and expansion of these credits is expected from the current Congress. The extension of the tax credits, the adoption of minimum alternative energy requirements by many states, and greater public and political support for alternative energy resources have increased interest in the development and financing of wind, biomass, geothermal, and solar facilities. An active financing market has developed.
Features
IP News
Highlights of the latest intellectual property news from around the country.
Features
What Proves That a Mark Has Become Generic?
Generic names for goods and services may not be registered as trademarks under the Lanham Act, and registered marks that have become the generic name for the goods or services may be cancelled at any time (15 U.S.C. §14(3)). Words that were originally trademarks designating the source for particular products, such as 'escalator' and 'thermos,' have lost that status and become the generic name for all such products. Companies whose marks are in danger of losing their distinctiveness as source indicators may take steps to raise the public's consciousness and prevent their marks from becoming generic. One such well-known advertising campaign is run by Xerox Corporation to educate the public to use a 'photocopying machine' or 'to photocopy' in place of the registered trademark XEROX.
What's Obvious From KSR Int'l Co. v. Teleflex?
Since the Supreme Court's April 30, 2007 decision in <i>KSR Int'l Co. v. Teleflex Inc. et al.</i>, 127 S.Ct. 1727 (2007), the Court of Appeals for the Federal Circuit has affirmed one district court's determination of obviousness, reversed another, and denied one rehearing <i>en banc</i> concerning an obviousness determination. This second installment of our two-part series discusses three cases decided after <i>KSR</i> and examines the implications of <i>KSR</i> in the context of these decisions.
Features
Perfect 10 v. Google: Ninth Circuit Sanctions Web Site Framing, Online Thumbnail Displays
How fast do things change in 'Internet time'? That was in substance one of the questions posed in a recent Ninth Circuit decision in <i>Perfect 10 v. Google</i>, No. 06-55405, 2007 U.S. App. Lexis 11420 (9th Cir. May 16, 2007), which considered, <i>inter alia</i>, whether a less-than-four-year-old fair use precedent validating an image search engine had been overtaken by subsequent events. Not so fast, answered the Ninth Circuit in a lengthy decision destined to provide important guidance to online enterprises on a range of Internet copyright issues.
New Transsexual Rights Law Leaves Lawyers Guessing About Its Terms
New law causes confusion.
Gender Discrimination Claims After Ledbetter
Recent action taken by the Equal Employment Opportunity Commission ('EEOC') and the U.S. Supreme Court show that gender discrimination issues continue to influence employee relations.
Features
EEOC Thinking Big
Part One of this article discussed the EEOC's plans to implement its new Systemic Discrimination Initiative, describing what the initiative is, why it is important and the first two steps in the implementation: identifying systemic cases early and often, and involving lawyers from the start. The conclusion discusses the next four steps in the EEOC's plans, and what employers can expect.
Wellness Programs
The term 'wellness program' applies to a wide variety of programs designed to improve employee health, including fitness classes, smoking cessation programs, weight loss programs, and medical exams with medical goals based upon the results. Although at first glance these programs seem to be a win-win for everyone ' improved health for employees and reduced costs ' they carry with them a number of inherent legal risks.
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