Features
Why Not Throw in the Design of the Kitchen Sink?
When it comes to seeking patent protection for a new product, companies are often faced with a dilemma: delay patent filings until the product has proven commercial value, or gamble substantial resources trying to create a portfolio of utility and design patents for a product that may not be successful?
Appeals by the Numbers
Two of the main substantive causes for refusals of U.S. federal trademark applications are descriptiveness refusals (under Section 2(e) of the Lanham Act, and likelihood of confusion refusals (under Section 2(d)) of the Act.
Features
<b><i>BREAKING NEWS</b></i>New Jersey Must Allow Gay Marriage, Judge Rules
A New Jersey judge ruled on Sept. 27 that the state must allow same-sex couples to marry, since failing to do so would deprive them of rights that now are guaranteed by the federal government, according to a report in <i>The New York Times</i>.
Features
<B><I>BREAKING NEWS</i></b>New Jersey Must Allow Gay Marriage, Judge Rules
A New Jersey judge ruled on Sept. 27 that the state must allow same-sex couples to marry, since failing to do so would deprive them of rights that now are guaranteed by the federal government, according to a report in <i>The New York Times</i>.
Criminal Prosecution
With the dramatic influx of counterfeit goods in the marketplace, brand name manufacturers now, more than ever, have their work cut out for them as they seek to protect the reputation and value of their trademarks.
Features
Recent Guidance on China's Employment Law
The Supreme People's Court, the highest court in China that issues guidance on the application of Chinese law, recently provided a set of clarifications to the Employment Contract Law.
Features
DE Court Applies Business Judgment Rule in Reviewing LBO
Robust procedural protections" can achieve business judgment rule review, even where the controlling stockholder retains a material interest in the ongoing company following the buyout.
Quarterly State Compliance Review
This edition looks at some legislation of interest to corporate lawyers that went into effect between Aug. 1 and Oct. 1, including amendments to Delaware's corporation and LLC laws.
Features
Changing the Rules of the Game After the Whistle Has Blown
Recent notable whistleblower cases are in some instances defining what it takes to be a successful retaliation plaintiff; in other ways, these cases are merely shaping the battleground for cases yet to come.
Columns & Departments
Case Notes
Discussion of a Flonase class action ruling.
Need Help?
- Prefer an IP authenticated environment? Request a transition or call 800-756-8993.
- Need other assistance? email Customer Service or call 1-877-256-2472.
MOST POPULAR STORIES
- The Availability of Self-Help Evictions to Commercial LandlordsA landlord may re-enter leased commercial premises peaceably, without resorting to court process, in those states where it is permitted, if the right to do so is expressly reserved in a commercial lease, either a) upon the tenant's defaulting on the payment of rent or other lease terms, or b) upon termination of the lease or the tenant's abandoning the premises.Read More ›
- Supreme Court Rules Rejection of Trademark License Does Not Rescind Rights of LicenseeMission Product Holdings, Inc. v. Tempnology, LLC The question is whether a debtor's rejection of its agreement granting a license "terminates rights of the licensee that would survive the licensor's breach under applicable nonbankruptcy law."Read More ›
- Bankruptcy Court Cannot Surcharge Credit Bidding Asset Buyer with Expenses of SaleExplaining that the "bankruptcy court had no jurisdiction to take such action," the Fifth Circuit also vacated the district's court's improper ruling that the bankruptcy judge could enter a personal judgment against the asset buyer.Read More ›
- Second Circuit Rejects Arbitration of Debtor's Asserted Discharge ViolationA bankruptcy court properly denied a bank's motion to compel arbitration of a debtor's asserted violation of the court's discharge injunction, the U.S. Court of Appeals for the Second Circuit held.Read More ›
- The DOJ's Corporate Enforcement Policy: One Year LaterThe DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.Read More ›