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Features
The Federal Circuit has now ruled that advertising a service that the applicant intends to provide in the future, but is not actually providing on the date of the application, is not "use in commerce." Thus, advertising submitted to the USPTO with a use-based application as a specimen of use of the mark in commerce, must relate to existing services already being provided to customers.
Features
Over the past several years, Chapter 9 has been the subject of unprecedented attention, both within the bankruptcy bar and among the public at large. This surge in interest is attributable to a number of high-profile Chapter 9 cases filed recently by cities, counties, and towns throughout the country.
While the export control regulatory framework can present a dizzying array of requirements for exporters, companies also risk being held responsible for the activities of others, including those abroad who trans-ship their products to destinations embargoed by the United States, or in violation of U.S. licensing or regulatory requirements.
Columns & Departments
Items about marijuana laws and choice of law
Federal Circuit to Decide On First Amendment Constitutionality of Barring Disparaging Trademark Registration<br>Federal Circuit: The PTO's Refusal to Terminate IPR Proceedings Is Not a 'Final Agency Action'
Columns & Departments
In-depth analysis of a recent case in which the government paid $45M to Northrop to settle trade secrets litigation.
When may a coop buyer escape from a sale contract based on erroneous statements made by the coop board that would, if accurate, interfere with the buyer's right to occupy space associated with the coop shares the buyer has contracted to purchase? The First Department recently faced that issue.
Columns & Departments
Cases involving vested rights, and area variance denial.
Features
Like their larger counterparts, small and midsize law firms are facing escalating scrutiny from clients over their efficiency, project management and costs. But not all small and midsize firms are reacting in the same way.
Numerous class action complaints have been filed recently, challenging labels' claims that the products are "all natural." One of the many roadblocks for plaintiffs in establishing class certification in these cases has been finding a reliable damages methodology that can withstand scrutiny. This article summarizes several proposed models, and how the courts have dealt with them.
