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Whatever happened to the title agents licensing bill? At one point, it 'had to happen.' Innumerable meetings were held. Forests were felled to provide the paper to print and distribute various drafts of proposed bills. Lincolnesque letters and articles were written and published. E-mails clogged up thousands of mailboxes. And now silence. There may very well be a bill on the Governor's desk in the near future. This article represents an attempt to explain why the agent-licensing bill is not there yet. The opinions expressed are the author's own, have no official sanctions and do not advocate any particular version of the bill.
Highlights of the latest intellectual property news from around the country.
The notorious legal battle over the right to use the MUSTANG RANCH trademark for legal brothel services illustrates the 'use it or lose it' adage as applied to trademark rights and the difficulty of establishing an excuse for nonuse. <i>Burgess v. Gilman</i>, 78 U.S.P.Q.2d 1773 (D. Nev. 2006). Because U.S. law does not permit the warehousing of trademarks, the owner of a trademark typically must use the mark in commerce or lose the ability to prevent others from using it. For this reason, '8 of the Lanham Act requires trademark owners to file a declaration of use between the fifth and sixth year after registration and with renewals. 15 U.S.C. '1058.
Features
Whither goest thou?' Or, in plain English: Where are you going? That is the question that must be asked of the courts in the wake of the Supreme Court's recent decision in <i>eBay, Inc., v. MercExchange, LLC</i>, 126 S. Ct 1837 (2006), in which the Court reversed the long-standing practice in the Court of Appeals for the Federal Circuit (the 'Federal Circuit') of granting permanent injunctions in patent cases absent a persuasive reason for not doing so.
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Like other minors, illegal immigrant children and youth end up in Family Court through abuse, neglect, guardianship or delinquency cases. Some come to the United States on their own to escape abusive home environments; some are kicked out of their homes and illegally sent to the United States by parents who refuse to care for them anymore; and some are brought to the United States illegally by their parents and then abused, neglected, or abandoned once the family is here.
Features
In last month's newsletter, we looked at how military service members earn pension payments and what the attorney must do to obtain a share of those payments for his client. In this edition, we discuss how to make sure your client gets the pension share coming to him or her.
Features
July 6 marked an historic moment in the history of New York's Court of Appeals. Some will argue (this author included) that it is a black mark against the court's reputation as an institution willing to take a different, non-traditional path for the determination of significant, historic and controversial issues of equal rights and equal protection under the law when the high courts of its sister states have often ducked and evaded the opportunity to confront societal biases head on. Oftentimes, our Court of Appeals has turned to the New York State Constitution for this purpose in order to ensure that the underpinnings of its decisions will withstand attack in the Federal Courts. Nevertheless, the current Court of Appeals has punted the issue of same-sex marriage back to New York's Legislature over a carefully crafted and ringing dissent by Chief Judge Judith S. Kaye.
