Case Briefs
April 29, 2009
An analysis of recent key rulings.
Does Joinder of a Forum Defendant Always Prevent Removal?
April 29, 2009
A state-court action cannot, as a general rule, be removed to federal court where a resident of the forum state has been joined as a defendant. 28 U.S.C. '1441(b). This is commonly known as the "forum defendant rule." The rule reflects the assumption that "[federal] diversity jurisdiction is unnecessary because there is less reason to fear state court prejudice against the defendants if one or more of them is from the forum state." Spencer v.…
Coverage for Environmental Compliance Costs
April 29, 2009
With the financial crisis occupying the Obama administration, the anticipated barrage of new environmental laws, policies, and regulations has yet to materialize. When the switch is turned on, however, the costs to policyholders are likely to be substantial, and just as likely, policyholders will test whether some of those costs can be passed on to their carriers.
IP News
April 29, 2009
An analysis of recent news.
TTAB Fraud Standard
April 29, 2009
The Trademark Trial and Appeal Board ("Board") of the U.S. Patent and Trademark Office ("PTO") has routinely invalidated trademark registrations based on findings of fraud following its decision in 2003 in <i>Medinol v. Neuro Vasx, Inc.</i> The Board's fraud standard does not require proof of scienter or intent to defraud, but rather a mere showing that the applicant knew, or should have known, that certain statements made in trademark applications or renewal declarations were inaccurate.
Lanham Act
April 29, 2009
In <i>Dastar Corp. v. Twentieth Century Fox Film Corp.</i>, the Supreme Court considered the overlap of copyright and trademark/unfair competition law, concluding that a company did not commit false advertising under '43(a) of the Trademark Act (15 U.S.C. '1125(a)) by representing that it was the author of a previously copyrighted work it had not actually created, as long as its identity as the source of the copied work was clear to the public.
Tafas v. Doll: Where Is the USPTO Headed?
April 29, 2009
In what should be a major wake-up call to all patent practitioners and patent applicants, the U.S. Court of Appeals for the Federal Circuit has upheld three out of the four highly contentious rule proposals that were proffered by the U.S. Patent and Trademark Office ("USPTO") in 2007.
News Briefs
April 29, 2009
News items of importance to you and your practice.
