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By Alexandra MacKay
In its quest to improve the accuracy of the trademark register, the U.S. Patent and Trademark Office (the "PTO") has proposed a streamlined cancellation process for review and comment by August 14, 2017.
By John Scruton
It's an old story: the company has associated itself with a particular celebrity in advertisements and other promotions, and now things have gone off the rails for that celebrity.
By Joel Beres
In a majority opinion authored by Chief Justice Roberts in Impression Products, Inc. v. Lexmark International, Inc., the Supreme Court in a nearly unanimous opinion held "that a patentee's...
By Alexandra MacKay
You may be familiar with the old adage that "the best defense is a good offense." A recent case decided by the Trademark Trial and Appeal Board (the "TTAB"), Azeka Building Corp. v. Bryan Kenji Azeka, Opp. No. 91218679 (May 3, 2017) suggests that a good offense requires a good defense as well.
By Gregory P. Parsons
While AIA's 2017 release of contract forms includes numerous revisions, this article discusses a sample of 10 revisions.
By Jennifer Kovalcik
This weekend marks the first Saturday in May. Being a Louisville native, this means you are off to the races for the 143rd running of the Kentucky Derby at Churchill Downs, which they bill as "the longest continually running sporting event in America." ?utm_source=Mondaq&utm_medium=syndication&utm_campaign=LinkedIn-integration
By Alexandra MacKay
Over the past few days, as I spent time with my sister and her husband, I realized that new parenthood opens the door to a whole new world of brands, and that brands marketing to new parents have some advantages and disadvantages in building up goodwill with new consumers.
By Kenneth Gish, Jr.
On April 11, 2017, the Court of Appeals for the D.C. Circuit, in Waterkeeper Alliance, et al., v. EPA, vacated a 2008 EPA rule that exempted farms from certain hazardous substance reporting requirements (the "2008 Rule").
By Robin McGuffin, Shannon Antle Hamilton
In a landmark decision, the Seventh Circuit ruled on April 4 that Title VII prohibits employers from discriminating against their employees on the basis of sexual orientation.
By Eric J. Breithaupt
The term "absolute priority rule" does not appear in the Bankruptcy Code. Rather, it is a "creature of law antedating the current Bankruptcy Code." Bank of Am. Nat'l Trust & Sav. Ass'n v. 203 N. LaSalle St. P'ship, 526 U.S. 434, 444 (1999).
By Joel Beres
Why wait more than a week after the Supreme Court issued its March 21 decision in SCA Hygiene Products Aktiebolag et al. v. First Quality Baby Products, LLC, et al. to send a "Breaking News" eAlert? Because the Supreme Court said delay doesn't matter!
By Jennifer J. Cave
At the time of press, the Kentucky General Assembly had completed 28 of its 30 legislative days reserved for the 2017 Regular Session. The General Assembly is currently in Veto Recess, when passed bills go the Governor for review and consideration of veto.
By Rachel Dix Bishop
The Brawny Woman #StrengthHasNoGender
By Mari-Elise Paul
Last week, the U.S. Supreme Court in Star Athletica, L.L.C. v. Varsity Brands, Inc., No. 15-866 (U.S. Mar. 22, 2017), handed Varsity Brands, Inc. a victory, ruling that designs on cheerleading uniforms are eligible for copyright protection.
By Stephen J. Weyer
In a 6-2 decision, the U.S. Supreme Court in Star Athletica, L.L.C. v. VarsityBrands, Inc. proclaimed Varsity Brands' cheerleader uniforms are entitled to copyright protection.
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