Many trademark practitioners have noted the USPTO's recent penchant for issuing refusals to register trademarks on the ground of failure to function as a trademark. The Trademark Trial and Appeal Board picked a colorful case to set precedent and provide some initial guidance on how it will evaluate failure-to-function refusals going forward.
- November 01, 2022Christopher P. Bussert
In March 2020 and the months immediately following, many firms found themselves scrambling to implement tools that would meet the needs of new remote work realities. Understandably, many of these decisions were done quickly without the normal level of due diligence. Now, the same firms are realizing that those hasty, though necessary, decisions should be revisited or undone.
November 01, 2022Tomas SurosPart Two of a Three-Part Series Part One of this article discussed the passing of the Economic Espionage Act to combat the growing concerns surrounding trade secret theft and the criminal components of trade secret theft. Part Two covers considerations in favor of approaching federal authorities on trade secrets theft.
November 01, 2022Jeffrey A. Pade and Anand B. PatelSpecific performance is an important remedy in real estate transactions, however, it is disfavored by the courts and under certain circumstances (particularly in the case of sale-leasebacks), a specific performance clause, even if properly drafted, may not be enforced by the courts.
November 01, 2022Peter E. Fisch and Salvatore GogliormellaSearch engine optimization (SEO) and pay-per-click advertising (PPC) are extremely beneficial digital marketing strategies your law firm can capitalize on. The question you may be asking yourself now is whether you should invest your marketing dollars in SEO, PPC or both.
November 01, 2022Taylor TobeyA study by ALM Intelligence on the compensation of marketing and business development professionals in the legal profession found that salaries and bonuses for first-chair directors and C-suite personnel have soared over the last several years, but that the increases favored males and widened the pay gap between men and women in those roles.
November 01, 2022Patrick SmithProfessional liability insurance policies may provide coverage for criminal proceedings, including defense costs incurred defending against criminal indictments. Corporate policyholders, and individuals covered under professional liability policies, should know exactly what type of claims are insured.
November 01, 2022Andrew N. BourneFlorida Federal Court's Findings in Battle Over "LINEAR" Band Name Not So Linear Second Circuit Agrees Federal Copyright Law Preempts Right of Publicity Complaint Over Sirius XM's Use of Howard Stern Show Archival Recordings
November 01, 2022Stan SoocherForeclosure Sale Purchaser Has Standing to Bring Strict Foreclosure Proceeding Forgery Allegations Did Not Raise Question of Fact to Rebut Certificate of Acknowledgment
November 01, 2022NYRE StaffA recent decision from the U.S. Court of Appeals for the Sixth Circuit may be creating a tsunami of concern to those that represent bankruptcy trustees. The decision, in essence, takes an hourly fee arrangement between the trustee and the trustee's attorneys and adds a results-based contingency to the approval of any fee payment authorization by the bankruptcy court.
November 01, 2022Charles M. Tatelbaum and Corey D. Cohen









