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|Aesthetic Functionality in the TTAB since Louboutin|
Anna L. King; Banner & Witcoff, Ltd.;
May 2, 2014, previously published on April 21, 2014The doctrine of aesthetic functionality was revived in the recent Louboutin case to protect the competitive need to use color to communicate a particular message. In that case, Christian Louboutin S.A. tried to enforce its trademarked red lacquered outsole against Yves Saint Laurent’s use of...
|OSHA, the New Fracking Sheriff in Town|
John D. Surma; Adams and Reese LLP;
April 29, 2014, previously published on April 18, 2014On February 13, 2013, the San Antonio Express-News published an article titled “Eagle Ford pay is high, but work can be fatal.” On February 15, 2013, the Houston Chronicle published an article titled “Fatalities accompany Eagle Ford Boom.” Both articles were republished in...
Sheppard Mullin Richter Hampton LLP;
April 11, 2014, previously published on April 8, 2014Native advertisements represent not only an increasingly popular and effective means of promotion for marketers, it also represents a massive headache for the Federal Trade Commission (“FTC”). Native advertising, also known as corporate content or branded journalism, is marketing...
|Prohibiting “Message” Clothing Without Business Reason Violates the NLRA|
Maria Greco Danaher; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
February 17, 2014, previously published on February 10, 2014The National Labor Relations Board (NLRB) recently deemed a car dealership’s prohibition on “pins, insignias, or other message clothing which are not provided to them by the company” overly restrictive and a violation of the National Labor Relations Act (NLRA). Boch Imports, Inc.,...
|Fashion Documentaries: A Fashion Do|
Sheppard Mullin Richter Hampton LLP;
February 3, 2014, previously published on January 14, 2014Since the first major fashion documentary featuring designer Isaac Mizrahi, “Unzipped,” made its debut in 1995, the popularity of fashion documentaries has only gained traction. Within the past five years, a smattering of renowned brands, including Marc Jacobs, Louis Vuitton, and...
|In-House Counsel Should Take Advantage of Amnesty Period for Limited Law License Applicants|
Dentons Canada LLP;
January 31, 2014, previously published on January 23, 2014Are you corporate counsel based in Illinois? Are you admitted to the Illinois bar? If not, are you complying with Supreme Court Rule 716? If not, now is the time for you to act!
|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...