Trademark Enforcement Goes Cyber: Internet Options For IP Attorneys
December 27, 2004
The growing importance of the Internet as an advertising and distribution medium has dramatically increased the globalization of trademark problems. That fine cafe you enjoyed in Portofino last summer can now post a Web site to promote its specialty products to customers in Pasadena virtually overnight. <br>Our legal system, built on precedent, understandably lags behind these economic and technological forces. Nevertheless, the legal response to globalization in recent years has been quietly dramatic. Two recent cases suggest new options for business and intellectual property counsel seeking to enforce and protect their clients' rights.
NLRB Overrules M.B. Sturgis
December 27, 2004
An important representation issue under the National Labor Relations Act (NLRA) involves scenarios where the scope of a bargaining unit is proposed to include both an employer's regular workers and employees supplied by a separate employer, such as a staffing agency. Just over 4 years ago in <i>M. B. Sturgis</i>, 331 NLRB 1298 (2000), the Board stated that "a growing number of employees who are part of what is commonly described as the 'contingent work force' are being effectively denied representational rights guaranteed them under the National Labor Relations Act." Therefore, the Board majority in <i>Sturgis</i> -- consisting of Chairman Truesdale and Members Fox and Liebman -- overruled prior precedent in <i>Lee Hospital</i>, 300 NLRB 947 (1990) and <i>Greenhoot, Inc.</i>, 205 NLRB 250 (1973), and held that a bargaining unit could include both regular and supplied employees without the consent of both the regular employer and the supplier employer.
National Litigation Hotline
December 27, 2004
National rulings of interest to you and your practice.
Decision of Note: <b>Suit Over Photos Of Blues Legend Will Go To Trial</b>
December 27, 2004
The Supreme Court of Mississippi ruled that the heirs of the half-sister of blues musician Robert Johnson may proceed with their suit for ownership of the only two photographs of the legendary artist.
Courthouse Steps
December 27, 2004
Recently filed cases in entertainment law, straight from the steps of the Los Angeles Superior Court.
Why Mediation Works
December 27, 2004
In mediation, a trained third-party neutral is selected by the parties (or appointed by a tribunal) to assist the parties in resolving their dispute. Mediators may be members of a panel, are associated with a dispute resolution organization, or have a private mediation practice. Mediators serve pursuant to written mediation agreements that provide for confidentiality of the process, and outline the procedure that will be used in the mediation session. The hallmark of mediation is that the mediator meets with both sides, in joint and separate caucuses, and guides the parties through exchange of information and exploration of interests and positions in a confidential setting with the goal of enabling the parties to reach agreement themselves.
<b>Commentary</b>Issues To Consider In Supreme Court's <i>Grokster</i> Review
December 27, 2004
Critical questions for the Supreme Court are likely to be the amount of non-infringing activity required for a contributory or vicarious infringer to escape liability for use of its product, and perhaps the intent of the defendant in developing and marketing its product.
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