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|American Taxpayer Relief Act Provisions|
Bressler Amery Ross A Professional Corporation;
February 8, 2013, previously published on February 4, 2013Acting in last minute fashion, Congress addressed expiring tax provisions with the American Taxpayer Relief Act of 2012 (“ATRA”). The good news (besides avoiding the “fiscal cliff”) is that, unlike previous tax legislation passed in 2001 and 2010, ATRA provisions are...
|U.S. Supreme Court Ruling Bars Competitor Defendant’s Trademark Invalidity Claim Following Plaintiff’s Covenant Not to Sue|
Iciar P. Garcia, Amy K. Mugherini; Bingham McCutchen LLP;
January 29, 2013, previously published on January 23, 2013The U.S. Supreme Court unanimously held that a covenant not to sue granted by Nike, Inc. to rival shoe manufacturer and alleged trademark infringer, Already, LLC, eliminated any controversy between the parties and prevented courts from considering Already’s counterclaim that Nike’s...
|New York Tax Department’s Decombination Efforts Rejected in IT USA, Inc.|
Alvan L. Bobrow, Jeffrey S. Reed; Mayer Brown LLP;
January 29, 2013, previously published on January 24, 2013A New York State Division of Tax Appeals administrative law judge (“ALJ”) recently ruled that a group of three corporations properly filed New York State combined reports and therefore the New York State Department of Taxation and Finance’s (the “Department’s”)...
|If You Don’t Want Your Registration Cancelled, Grant Your Opponent a Covenant Not to Sue|
Janet F. Satterthwaite; Venable LLP;
January 25, 2013, previously published on January 15, 2013The United States Supreme Court, which rarely gets involved in trademark cases, has ruled that when a Defendant in a Trademark infringement case countersues to cancel the Plaintiff’s registration, the Plaintiff can divest a court of jurisdiction over the cancellation by granting the Defendant...
|Déjà Vu All Over Again: California Federal Court Finally Tells Merchants When They Can Ask Consumers For Personal Information - But Will The California Supreme Court Agree?|
Michael L. Mallow, Michael A. Thurman; Loeb & Loeb LLP;
January 9, 2013, previously published on December 2012A federal judge in the U.S. District Court for the Eastern District of California issued an opinion Dec. 17, 2012, that seems to answer definitively a question that has weighed on the minds of California merchants for the past several years: When - if ever - can a retailer ask customers for...
|Second Circuit Decision Brings A Satisfying Conclusion to Louboutin’s Red Sole Trademark Litigation Dispute with Yves Saint-Laurent|
Ankwei Chen; Lee Tsai Partners Attorneys-at-Law;
December 14, 2012In September, the US Court of Appeals for the Second Circuit reached a decision in the trademark dispute between fashion giants Christian Louboutin and Yves Saint-Laurent (YSL). Louboutin filed this interlocutory appeal in the wake of the decision reached by the District Court below in August 2011...
|Reforming Retail: India Allows FDI in Multi-Brand Retail|
Sheppard Mullin Richter Hampton LLP;
December 4, 2012, previously published on November 29, 2012On September 14, 2012, the Indian government announced that it would relax restrictions on foreign direct investment (FDI) in multi-brand retail. India—a country that traditionally excluded foreign investment—opened its doors to global supermarkets, such as Wal-Mart and Tesco. While the...
|Jovani Fashion, Ltd. v. Fiesta Fashions: Second Circuit Finds Dress Designer's Copyright Claim Weak at the Seams|
Sheppard Mullin Richter Hampton LLP;
December 3, 2012, previously published on November 29, 2012On October 15, 2012, the United States Court of Appeals for the Second Circuit issued its opinion in Jovani Fashion, Ltd. v. Fiesta Fashions, Docket No. 12-598-cv, 2012 WL 4856412, holding that the prom dress artwork of fashion designer Jovani Fashions, Ltd. (“Jovani”) lacked...
|Seeing Red: Recent Developments in the Trademark Functionality Doctrine|
Katherine Laatsch Fink; Banner & Witcoff, Ltd.;
November 26, 2012, previously published on Fall/Winter 2012As color and aesthetics have become increasingly important to brand identity, those features have been subject to judicial scrutiny regarding their ability to serve as trademarks in the past year. For example, when we see a robin’s-egg blue box, we think Tiffany & Co. (Tiffany). Not...
|Products Liability Verdict Survey: Tommy Hilfiger Jeans|
Brian A. Comer; Collins & Lacy, P.C.;
October 29, 2012, previously published by South Carolina Products Liability Law Blog on October 2012 In my continuing verdict survey of products liability cases, I review a case involving a pair of Tommy Hilfiger jeans that caught on fire when a boy was playing with fireworks.