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Can a Notice of Opposition in the U.S. Patent and Trademark Office Trademark Trial and Appeal Board give rise to an actual controversy under the Declaratory Judgment Act to support a trademark Applicant's federal declaratory judgment action against the Opposer? Generally, it can't ' or more accurately, it doesn't. But in <i>Neilmed Products, Inc. v. Med-Systems, Inc.</i>, the Northern District of California found that the Notice of Opposition pleaded detailed factors relevant to liability for trademark infringement and dilution.
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The U.S. Bankruptcy Court for the Eastern District of Pennsylvania recently issued one of the first decisions in the Third U.S. Circuit Court of Appeals to interpret '503(b)(9), an important new Bankruptcy Code provision passed under the Bankruptcy Abuse Prevention and Consumer Protection Act: <i>In re Bookbinders' Restaurant Inc.</i> '503(b)(9) is certain to impact the relationship between a debtor seeking to reorganize and the trade vendors that deal with it.
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This article outlines the requirements for providing notification of a security breach under state security breach notification laws by any company and the factors that a public company needs to take into account regarding whether to disclose a security breach under federal securities law.
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In 2005, the Superior Court of Rhode Island held that '44112 of Title 49 of the U.S. Code did not protect the owner and lessor of an aircraft from vicarious liability for negligence of a lessee of the aircraft. <i>Coleman v. Windham Aviation Inc.</i> In light of the decision in Windham (and others discussed below), owners, lessors, of aircraft must be aware of the possibility that a state court may very well impose vicarious liability.
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Highlights of the latest commercial leasing cases from around the country.
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The broker provision of a lease should acknowledge the broker or brokers entitled to compensation and provide representations that the parties have not worked with any other broker in connection with the lease. Typically, the parties also agree to indemnify each other for violating these representations.
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When we are hired to begin a new search, the very first thing we hear from our clients' mouths is 'Ideally, we would like someone with X years in law firm marketing.' If you analyze the AmLaw 100 law firms, which combined have more than 2000 marketing professionals, coupled with the fact that at any moment there are more than 100 open positions nationwide, there are more jobs than qualified professionals to meet these needs. So, how do employers find the 'right' talent for their firm in this competitive environment? How do the people with law firm marketing experience find the 'right' firm, since they are in high demand by every firm? Below we have outlined some tips for those who are hiring and those looking to be hired.
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Not to be left behind, the legal community is actively engaged in the ever-expanding blogoshpere. With more than 1000 active legal blogs on the Web, firms and attorneys recognize the value of blogs as unique marketing and business development tools. However, for a blog to be beneficial, it must distinguish itself from the diluted market through creativity, consistency, and a strategic media plan.
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Trusts and estates law is replete with special rules, or exceptions to the general rules, designed to recognize and protect the financial side of the marriage partnership. What happens, however, when husbands or wives decide that they no longer wish to be married? Once the decision is made to end the marriage, one spouse usually wishes to minimize any benefits that the other spouse could obtain from the estate.
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Consider all the critical information that would vanish if a key employee of your business died suddenly, and others had to locate that information.