TTAB Fraud Standard
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
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?
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
News items of importance to you and your practice.
Court Watch
In-depth analysis of recent cases of importance.
Interlocutory Injunctions in the Franchise Context
When pending a trial wherein a franchisor seeks to enjoin a franchisee from breaching a restrictive covenant or a franchisee seeks to enjoin a franchisor from terminating their relationship, Canadian courts have generally applied the following three-part test. This article explains.
Strategies for Responding to the Financially Distressed Auto Dealership
Because the financial distress is network-wide, how manufacturers respond to the financially distressed dealership is more important than ever. For some dealerships, the appropriate strategy may be creative cooperation forbearance agreements, operating stipulations, and workouts ' not adversarial enforcement.
Some Highlights of the Recently Enacted Stimulus Bill
On Feb. 17, 2009, the newly elected President Obama signed into law the colossal $800 billion American Recovery and Reinvestment Act of 2009 (the "Act"). This 1,000-plus-page piece of legislation contains many important tax-breaks and enhancements that can benefit law firms and their clients, as well as individual attorneys and staff members and their families. This article addresses several of these key tax provisions included in the new act that may be advantageous.
Inventory Management
Clients withholding payments directly impacts partners' bottom lines. As such, law firms are always focused on billing and collecting as much as they can in the last quarter of the year. The current crisis has trumped even the most diligent efforts of law firms to bring in cash, and it illustrates the importance of having sound inventory management practices that are followed throughout the year.
