Features
Supreme Court Upholds Names Clause in Trademark Law, Emphasizing Historical and Traditional Foundations
In a landmark decision, the U.S. Supreme Court has unanimously upheld the constitutionality of the Lanham Act's provision that prohibits the registration of trademarks consisting of or comprising the name of a particular living individual without the individual's written consent.
Features
Protecting Trademarks and Brands Against Sophisticated AI-Driven Scams and Schemes
Attorneys and companies alike are witnessing a paradigm shift occurring during the protection of intellectual property assets, encountering more sophisticated solicitations designed to appear as official correspondence from the USPTO, and outright scams utilizing information publicly available through the USPTO for pending trademark applications and existing registrations.
Features
Cap Rate Misery Impacts CRE Investors
The low cap rate regime became a game of musical lifeboats on the Titanic and the big question was, who would get stuck without a lifeboat as the mighty ship sank?
Features
A Midsize and Boutique Go-to-Market Checklist
Midsize and boutique firms can significantly increase their chances of competing with large "Goliaths" by building the right systems and processes to streamline pitches and awards, increase realization rates/partner point values, and reduce staff turnover.
Columns & Departments
Co-ops and Condominiums
Condominium Purchaser Was On Inquiry Notice of Unrecorded Easement Condominium Board May Not Depart from Declaration's Funding Provisions Failure to Make Repairs Does Not Excuse Failure to Pay Common Charges
Features
Effectively Managing Partner Autonomy
The past decade has brought a significant rise in internal conflict within partnerships. Partners are wielding their autonomy to speak out (often forcefully) in favor of or opposition to broader firm decisions. This dynamic is leaving many law firms at a disadvantage.
Features
Is FEPA As Impactful As It Was Promised to Be?
FEPA, which amends the federal domestic bribery statute has been touted by some as "the most sweeping and consequential foreign bribery law in nearly half a century." But will it end up being an influential force combatting corruption or a paper tiger?
Features
Federal Circuit Overrules 'Improperly Rigid' Obviousness Test
In an eagerly anticipated decision involving the proper standard for assessing when a claimed design is obvious, the Federal Circuit overruled the Rosen-Durling test that courts and the USPTO have been applying for nearly 30 years, calling the test "improperly rigid" and inconsistent with Supreme Court precedent.
Features
Do FL and CA Talent Agency Law Cover Social Media Influencers and Esports Talent?
If the definition for "artist" under Florida's Talent Agencies Act applies to influencers and esports players, then likely a lot of unlicensed representatives are in violation of the state's statute — and the penalties are pretty serious.
Features
SCOTUS: Prospective Relief Is Only Remedy Necessary to Resolve Unconstitutional U.S. Trustee Fee Scheme
In a recent decision, the U.S. Supreme Court held that the government was not required to refund millions of dollars paid by a Chapter 11 debtor pursuant to an unconstitutional fee scheme between the judicial districts.
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