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The Ninth Circuit Court of Appeals' recent decision in City of Portland v. Unites States significantly affects the ability of local governments to regulate the installation of so called "small cell" wireless facilities and addresses the ability of wireless providers to utilize utility poles.
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Even though payment of post-petition rent under a nonresidential lease (prior to rejection) has historically been an absolute requirement, bankruptcy courts, as courts of equity, have the ability during these extraordinary times to take a more flexible approach.
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The entertainment industry is a global business, but many U.S. brand owners do not realize that their valuable trademark rights stop at the U.S. border.
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As brands mature over time, their owners often seek to update marks that are subject to a federal registration or registration application. In some cases, the impetus for the amendment may be deliberately to freshen, tweak, or otherwise modernize the subject mark. In other cases, brand owners may recognize after the fact that their current usage of a mark does not match the mark as originally registered or applied for.
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In the recent U.S. Supreme Court case of USPTO v. Booking.com, the U.S. Supreme Court held that the term Booking.com is not necessarily generic merely because it is composed of two components, each itself generic. In so deciding, Justice Ginsburg averred that there is an appropriate metric to determine if such a term is indeed generic, that of consumer perception.
Columns & Departments
Neighbors Who Used Concrete Platform Adjacent to Fence Established Title By Adverse Possession Lawyer Who Failed to Terminate Contract in Accordance With Seller's Instructions Did Not Commit Legal Malpractice Developer Strictly Liable for Damages Caused By Excavation Contract Vendee Who Did Not Seek Mortgage In Its Own Name Failed to Comply with Mortgage Contingency Clause
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Valuations of trademarks, such as those in the entertainment industry, are most commonly performed in relation to a sale or licensing transaction or for lending and collateral purposes.
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Senator Elizabeth Warren has been relentlessly pursuing bankruptcy reform for two decades. And Joe Biden has adopted her comprehensive proposal. The proposals could impact commercial bankruptcy law and reverberate across our financial systems.
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This article highlights several of these outcomes and discrepancies of the CARES Act stimulus package, including how accepting crisis funding could lead to a company becoming more distressed, how bankruptcy courts are inconsistently ruling on the ability for Chapter 11 debtors to receive PPP loans and how changes to the Bankruptcy Code altered the rights of equity holders and debtholders.
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Universal City Studios will have to settle a contract dispute with a producer from the Fast & Furious movie franchise in court after a California appeals court ruled the entertainment company could not enforce an arbitration agreement.