The Trademark Trial and Appeal Board's recent decision in In Re The Franchise Group, (TTAB July 2, 2014) reiterates that marks in use in the marketplace, not just on the Register, help determine whether trademarks in the U.S....more
Social media provides an extraordinary means not only to communicate and share information, but also to obtain information that may lead to incriminating, exculpatory and impeachment evidence for use in discovery and at...more
In this patent infringement action, the district court concluded that the parties were over-litigating the case and matters were only getting worse as trial got closer. "The Court's previously stated concern that the parties...more
Star Ins. Co. v. Nat’l Union Fire Ins. Co., No. 13-13807, 2013 U.S. Dist. LEXIS 130379 (E.D. Mich. Sept. 12, 2013).
This case has made some headlines and includes accusations that ex parte communications took place. ...more
In Ohio Willow Wood Co. v. Alps South, LLC, No. 2012-1642 (Nov. 15, 2013) the Federal Circuit reversed a district court’s summary judgment ruling of no inequitable conduct and suggested in its decision that the patentee...more
In EEOC v. FAPS, Inc., 2013 WL 4833535 (D.N.J. Sept. 10, 2013) (unpub.), the employer’s attorneys hired a private investigator to conduct ex parte interviews with claimants in a pending civil suit brought by the Equal...more
On September 25, 2013, the Northern District Court of Florida, Tallahassee Division, ruled that Florida Statute § 766.1065 violated the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”) by requiring a...more
Can trade secret owners secretly petition a court to seize property from a competitor that they suspect of stealing trade secrets? In the United States, the answer is: “Not yet.” This is one of the issues that Congress is...more
In this publication:
Lobbyist Registration -
- Lobbying Defined.
- Definition Of Lobbyist
- Lobbyist Registration
Lobbyist Report And Record Keeping -
- Periodic Lobbyists Reports
Football coach Vince Lombardi famously opined that, “Winning isn’t everything; it’s the only thing.” This mantra captured the public’s imagination during Lombardi’s reign as coach of the Green Bay Packers in the 1960s,...more
On February 21, 2013, the Federal Court of Appeal released two decisions related to the obligations of the Minister of National Revenue when making ex parte applications under subsection 231.2(3) of the Income Tax Act (the...more
As I noted in my posts on Mareva Injunctions and Anton Piller Orders, seeking powerful remedies can be risky.
Because these orders often sought ex parte, the plaintiff must make full, fair and frank disclosure of all...more
A new lawsuit filed last Thursday in Connecticut state court by an employer alleges that the employer’s due process rights are being violated by “inherently conflicted and irreparably unfair proceedings” at the Commission on...more
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