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Features
Priority of use is a hallmark of trademark law. Over the years, lower courts have recognized a doctrine called "tacking," under which a trademark owner may "clothe a new mark with the priority position of an older mark." The key to the tacking doctrine is that the new trademark must "create the same, continuing commercial impression" as the old mark. In <i>Hana Financial</i>, the U.S. Supreme Court considered the question and settled the circuit split, holding that tacking is a question for the jury.
Features
It is a basic tenet of professional responsibility that lawyers obtain sufficient proficiency to ensure competent representation of their clients. The challenge in today's world of Big Data and corporate globalization and outsourcing of IT infrastructure is that the level of technological proficiency required is not always clear. Understanding your obligations and establishing defensible processes will be necessary to fully demonstrate competence in discovery should an issue arise.
It is a defense that has become perfunctory in restrictive covenant litigation ' "my former employer is barred from enforcing the restrictive covenant because it committed a prior breach of the agreement!" When such a defense is raised, an injunction hearing that should focus on the former employee's wrongful post-employment conduct instead often digresses into a hearing at which an argument about what compensation agreement existed and whether the former employer breached that agreement takes place instead.
Columns & Departments
In This Facebook Threats Case, No Wait for High Court <br>Judge Gives Go-Ahead To Facebook Privacy Suit<br>Appeals Court: No Privacy for Facebook Photo In Slip-and-Fall Case
Features
As the regulatory state continues to grow with every passing year, businesses' obligations to provide information to, and file reports/forms with, local, state, and federal governmental agencies increases. Each filing also represents justification to the IRS to audit a business (to the extent that justification is needed).
Features
For the past few years, considerable public discussion about the need for law firms to address information security, or InfoSec, issues with their clients. InfoSec can hardly qualify as the next big thing. However, the Sony story has brought the issue front and center and, as we get further into 2015, we can be sure that the issue will only grow.
Dish Network LLC came out ahead in an important early test of the U.S. Supreme Court's decision in <i>American Broadcasting Cos. Inc. v. Aereo,</i> largely escaping Fox Broadcasting Co.'s copyright claims over technology that records network television and replays it commercial-free.
Many defense lawyers and in-house corporate supervisors make the mistake of waiting until a case is on the eve of trial before retaining the requisite expert witnesses, With no category of expert witnesses is this need to retain one's own expert early more true than with a forensic neuropsychiatrist.
These days, attorneys drafting QDROs must contend with a new type of retirement plan called a "cash balance pension plan" ' a hybrid that is not really the fish of a traditional defined benefit plan, or the fowl of a defined contribution plan.
Features
In a speech before the Federal Trade Commission on Jan. 12, President Barack Obama called for the passage of a Student Digital Privacy Act that would allow student-related information to be collected only for educational purposes, not for marketing.
