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Internet Usage Threatens Existence of Concurrent Use Registrations
In a rare concurrent use decision, Hubcap Heaven, LLC v. Hubcap Heaven, Inc., Concurrent Use No. 94001147 (Jan. 25, 2005) [not citable], the Trademark Trial and Appeal Board (“TTAB”) questioned the continued viability of concurrent use registrations in the face of the Internet's global reach. Concurrent usage is based on the premise that two owners of the same trademark for competing goods and services can coexist by carving out strict geographic territories for each user. The Internet, however, has no geographic boundaries.
Hubcap Heaven, LLC (“Applicant”) filed a concurrent use application in 1995 to register the service mark HUBCAP HEAVEN in International Class 42 for “wholesale and retail store, mail order, and online electronic catalog sales order services in the field of new, reconditioned and used automotive parts.” Applicant also included in its application a request to restrict its existing registration, issued in 1993, for the same mark for “automotive hubcaps, wheel covers and wheels” in International Class 12. Applicant sought nationwide rights, excepting limited areas of use within four states where Hubcap Heaven, Inc. (“Excepted User”) used the same service mark for the sale of automotive hubcaps. Applicant claimed a date of first use in commerce of Jan. 1979 for both the service mark application and existing registration.
The DOJ's New Parameters for Evaluating Corporate Compliance Programs
The parameters set forth in the DOJ's memorandum have implications not only for the government's evaluation of compliance programs in the context of criminal charging decisions, but also for how defense counsel structure their conference-room advocacy seeking declinations or lesser sanctions in both criminal and civil investigations.
The DOJ's Corporate Enforcement Policy: One Year Later
The DOJ's Criminal Division issued three declinations since the issuance of the revised CEP a year ago. Review of these cases gives insight into DOJ's implementation of the new policy in practice.
Use of Deferred Prosecution Agreements In White Collar Investigations
This article discusses the practical and policy reasons for the use of DPAs and NPAs in white-collar criminal investigations, and considers the NDAA's new reporting provision and its relationship with other efforts to enhance transparency in DOJ decision-making.
Bankruptcy Sales: Finding a Diamond In the Rough
There is no efficient market for the sale of bankruptcy assets. Inefficient markets yield a transactional drag, potentially dampening the ability of debtors and trustees to maximize value for creditors. This article identifies ways in which investors may more easily discover bankruptcy asset sales.
A Lawyer's System for Active Reading
Active reading comprises many daily tasks lawyers engage in, including highlighting, annotating, note taking, comparing and searching texts. It demands more than flipping or turning pages.