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LJN Newsletters

  • 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. Burgess v. Gilman, 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.

    August 01, 2006Judith L. Grubner and Katrina G. Hull
  • All the cases contained in this issue.

    August 01, 2006ALM Staff | Law Journal Newsletters |
  • 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 eBay, Inc., v. MercExchange, LLC, 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.

    August 01, 2006Steven Pokotilow and Richard Eskew
  • Recent rulings you need to know.

    August 01, 2006ALM Staff | Law Journal Newsletters |
  • 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.

    August 01, 2006Andrew Schepard and Theo Liebmann
  • 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.

    August 01, 2006ALM Staff | Law Journal Newsletters |
  • 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.

    August 01, 2006Alton L. Abramowitz
  • Recent rulings.

    August 01, 2006ALM Staff | Law Journal Newsletters |
  • All the latest news important to your practice.

    August 01, 2006ALM Staff | Law Journal Newsletters |
  • Recent news you need to know.

    August 01, 2006ALM Staff | Law Journal Newsletters |