In order to deal with an expanding Internet, brand owners need to understand how to use a variety of tools to handle the different brand protection and legal challenges that will be presented. For brand owners looking at the New gTLD space, formulating a trademark protection strategy should be viewed as an important tool on an entire tool belt of protection strategies that together can be used as a comprehensive plan.
It may be a while before Kathleen Moriarty lets clients pay her in bitcoin, but the Katten Muchin Rosenman partner is doing her part to help legitimize the digital currency derided as speculative and risky by some prominent economists.
Every franchise system chief executive encounters situations in which a franchisee has a good reason for not complying with a rule, or in which the infraction is fairly minor. But how can a franchisor be sure about where to draw the line and how strictly to enforce the rules that are set out in the franchise agreement or operations manual?
Accused infringers in patent litigation, especially against non-practicing entities (NPEs), often form joint defense groups to defend against common claims brought in one or more actions. A written agreement of the joint defense group can make plain the respective rights and obligations of each group member and evidence to the court a requisite alignment of common interest underpinning the group. The following is a selection of relevant considerations to support productive group interaction through appropriate provision in the joint defense agreement.
Signing an e-mail attesting to the substance of a negotiated agreement with the typed name of the sender constitutes a binding and enforceable stipulation of the settlement under CPLR 2104, a New York state appeals panel ruled.
In a long-awaited conclusion to Facebook's "Sponsored Stories" class action saga, a federal judge gave final approval to a $20 million settlement on August 26 but took an axe to the $7.5 million in fees requested by plaintiffs attorneys.
Music copyright lawyers: Don't touch that dial. Nonprofit SoundExchange Inc., which collects and distributes digital performance royalties and distributes them to artists and copyright owners, filed a lawsuit on Aug. 26 accusing Sirius XM Radio Inc. of underpaying.
Recent cases attempt to further explain courts' interpretations of preemption principles in the context of generic drug labeling and liability. It is further evidence that each case is fact-based, and the final chapter in this area likely has not yet been written.
The first part of this article explained the background behind lawsuits alleging that Anheuser-Busch InBev is "watering down" its beer, and that consumers can purportedly bring a class action against the company in federal court. The discussion concludes herein.
In PLIVA v. Mensing, a 5-4 majority of the Supreme Court held that federal regulations applicable to generic pharmaceuticals preempt state law claims alleging that the manufacturers failed to warn consumers of the drug's risks.
