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|Southern District of New York Deepens Internal Split Over Loophole in Bankruptcy Safe Harbor for Capital Markets Transactions|
Joaquin M. C De Baca, Joel Moss, Brian Trust; Mayer Brown LLP;
January 29, 2014, previously published on January 24, 2014The Bankruptcy Court for the Southern District of New York recently held in Edward S. Weisfelner, as Litigation Trustee of the LB Creditor Trust v. Fund 1., et al. (In re Lyondell Chemical Company, et al.) (“Lyondell”), that section 546(e) of the Bankruptcy Code does not bar fraudulent...
|DC Circuit Reinstates KV Lawsuit Over MAKENA and Compounded 17p in Light of Cook Decision and DQSA|
Kurt R. Karst; Hyman, Phelps & McNamara, P.C.;
January 13, 2014, previously published on January 9, 2014With primary briefing over, and a December 13, 2013 Oral Argument before Judges Griffith, Kavanaugh and Randolph concluded, we were waiting with bated breath for the U.S. Court of Appeals for the District of Columbia Circuit to rule on K-V Pharmaceutical Company’s (“KV’s”)...
|Slip and Fall at Grapevine Mills Mall|
Jeffrey H. Rasansky; Rasansky Law Firm;
January 6, 2014Have you been hurt or injured by a slip and fall at Grapevine Mills Mall (located in Grapevine, Texas)? You may be able to recover compensation for your injuries.
|Decision on Opposition Set Aside and Application for Trade-mark Refused|
Borden Ladner Gervais LLP;
December 3, 2013, previously published on November 27, 2013This is an appeal of a decision of the Registrar of Trade-marks (the Registrar) denying the opposition by International Stars to the registration of the trade-mark ZENERGY BY/PUR SIMON CHANGE & Design (the Mark) in association with sport clothing. International Stars alleged confusion between...
|BreathableSacks Choking Hazard Prompts Product Recall|
James P. Nevin; Brayton Purcell, LLP;
November 28, 2013, previously published on November 27, 2013BreathableBaby has issued a recall for 15,000 BreathableSacks, a sleeveless wearable blanket for infants. The blankets were found hazardous after it was discovered that the zipper pull tabs and sliders detatch, posing a choking hazard to infants. According to the US Consumer Product Safety...
|Lack of Evidence of Intent to Use Dooms an “ITU” Trademark Application|
Andrew Baum; Foley & Lardner LLP;
November 4, 2013, previously published on November 1, 2013The Trademark Trial and Appeal Board (TTAB) recently granted summary judgment sustaining an opposition against an application based on intent-to-use (“ITU”) on the sole ground that the applicant had no tangible proof of any genuine intent to use the mark in commerce at the time he filed...
|The New Catwalk Experience: New York Tightens Laws for Underage Models|
Sheppard Mullin Richter Hampton LLP;
November 1, 2013, previously published on October 28, 2013Last week, New York toughened its child labor law protections for models under the age of 18 by passing New York Senate Bill No. 5486. Signed by Governor Andrew Cuomo, the law is set to go into effect within the next month and will significantly impact designers in preparing for New York Fashion...
|“So You’re Saying There’s A Chance...”: Yellowstone Injunctions Alive and Well in the Commercial Division|
Rena Andoh, Molly Masenga; Sheppard, Mullin, Richter & Hampton LLP;
November 1, 2013, previously published on October 29, 2013In Burlington Coat Factory of N.Y., LLC v. Majestic Rayon Corp., No. 652511/2012, the Supreme Court (J. Kornreich) granted plaintiff Burlington Coat Factory’s (“Burlington”) motion for an injunction to stay and toll the expiration of a thirty-day default cure period and enjoin the...
|Garbo Would Be Happy: "Do Not Track Bill" Signed Into Law|
Sheppard Mullin Richter Hampton LLP;
October 17, 2013, previously published on October 15, 2013Greta Garbo, as Grusinskaya in Grand Hotel, was famous for saying: “I want to be alone, I just want to be alone.” On Friday September 27, 2013, Governor Jerry Brown signed A.B. 370, which requires an operator of a website or online services that collects “personally identifiable...
|Material Breach May Have Voided Confidential Settlement Agreement, Court Finds|
Morrison Cohen LLP;
September 27, 2013, previously published on September 24, 2013In a ruling from the bench in favor of high-end fashion jewelry retailer and Morrison Cohen client Madison Avenue Diamonds LLC, the Commercial Division of the Supreme Court, New York County, has ordered that trial preparation proceed on claims that could void the retailer’s obligation to make...