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The COACH Mark Is Famous, But Not Famous Enough to Support a Dilution Claim
March 29, 2012
Although acknowledging that the COACH mark for handbags and other luxury goods was famous enough for that fame to be a strong factor in a likelihood of confusion analysis, the U.S. Court of Appeals for the Federal Circuit has concluded that there was insufficient proof that the mark was a "household name" that was famous enough to support a claim of dilution against a third party's COACH-branded educational materials.
Development
March 29, 2012
In-depth analysis of a recent key case.
The Constitutionality of Pre-Occupancy Inspections
March 29, 2012
Recently, a village's law requiring occupancy applications and inspection of rental units, before a previously occupied unit may be reoccupied, was held to be unconstitutional by the Appellate Division.
New Requirements for Companies with Personal Information of MA Residents
March 29, 2012
Companies with personal information of Massachusetts residents must amend their existing contracts with vendors that handle such information to require the vendors' compliance with the Massachusetts data security regulations.
Decisions of Interest
March 29, 2012
Analysis of key decisions.
NJ & CT News
March 29, 2012
Recent rulings from neighboring states.
Split and Shared Custody Agreements
March 29, 2012
In this final installment, the authors examine the question: Does the CSSA generate better results when parents split custody?
Full Recourse Enforcement of Non-Recourse Loans
March 29, 2012
Two recent cases from Michigan could have far-reaching implications nationwide regarding the enforceability of non-recourse loans as fully recourse.
Retirement Assets for Equitable Distribution
March 29, 2012
It has become common practice in equitable distribution calculations to reduce pension and other tax-deferred retirement asset valuations ... but there are several problems associated with this practice, and they should be considered by divorcing parties and their advisers.
Cow Harbour True Lease Characterization Decision 'Released'
March 29, 2012
Whether a lease is a "true" or "finance" lease has been debated in Canadian courts for decades in many different contexts. The Alberta Court of Queen's Bench recently released one of the most important recent decisions in this debate and provided significant guidance as to how leases are to be classified in insolvency cases.

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    “Baseball arbitration” refers to the process used in Major League Baseball in which if an eligible player's representative and the club ownership cannot reach a compensation agreement through negotiation, each party enters a final submission and during a formal hearing each side — player and management — presents its case and then the designated panel of arbitrators chooses one of the salary bids with no other result being allowed. This method has become increasingly popular even beyond the sport of baseball.
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  • Private Equity Valuation: A Significant Decision
    Insiders (and others) in the private equity business are accustomed to seeing a good deal of discussion ' academic and trade ' on the question of the appropriate methods of valuing private equity positions and securities which are otherwise illiquid. An interesting recent decision in the Southern District has been brought to our attention. The case is <i>In Re Allied Capital Corp.</i>, CCH Fed. SEC L. Rep. 92411 (US DC, S.D.N.Y., Apr. 25, 2003). Judge Lynch's decision is well written, the Judge reviewing a motion to dismiss by a business development company, Allied Capital, against a strike suit claiming that Allied's method of valuing its portfolio failed adequately to account for i) conditions at the companies themselves and ii) market conditions. The complaint appears to be, as is often the case, slap dash, content to point out that Allied revalued some of its positions, marking them down for a variety of reasons, and the stock price went down - all this, in the view of plaintiff's counsel, amounting to violations of Rule 10b-5.
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