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|"Use" of a Mark in the U.S.A.|
Cory M. Amron, Joan C. Makley, William H. Oldach, Christopher M. Ott; Vorys, Sater, Seymour and Pease LLP;
May 22, 2013, previously published on May 20, 2013“Use” of a trademark or service mark under U.S. trademark law is often misunderstood. Even the best-intended trademark owners encounter unexpected, sometimes fatal, barriers in their attempts to register their marks and maintain their registrations.
|Third Party Vendor Issues and Checklist|
E. Andrew Keeney; Kaufman & Canoles A Professional Corporation;
May 16, 2013For years, credit unions have been alerted by the NCUA to the need for vendor due diligence and other third-party vendor relationship requirements. Now, the Federal Reserve Board has alerted banks, and the Consumer Financial Protection Bureau has joined the bandwagon and is even issuing unfair and...
|Proposed Legislation to Expand Growler Sales in North Carolina|
M. Keith Kapp, Jennifer A. Morgan; Williams Mullen;
May 15, 2013, previously published on May 13, 2013Retailers in North Carolina, including grocery stores, bars, restaurants, and specialty beer and wine shops, may soon be allowed to fill and sell growlers to customers for off-premises consumption if new legislation currently being considered by the North Carolina General Assembly goes into effect.
|In re School Specialty, Inc.: Delaware Bankruptcy Court Upholds Secured Lender's "Make-Whole" Claim Under New York Law|
Marina Fineman, Kizzy L. Jarashow; Stutman, Treister & Glatt Professional Corporation;
May 7, 2013, previously published on April 2013A Delaware bankruptcy court has upheld a secured lender's $23.7 million "Make-Whole" claim on a $67 million principal term loan, over the objections of the official committee of unsecured creditors ("Committee"). In re School Specialty, Inc., No. 13-10125 (KJC), 2013 WL/LEXIS...
|California Appellate Court Confirms Cap on Past Medical Expenses Applies to Medicare Payments and Should Be Imposed before Further Reductions for Contributory Negligence|
John R. Clifford, Edward P. Garson, Laura P. Kelly, Ian A. Stewart; Wilson Elser Moskowitz Edelman & Dicker LLP;
May 1, 2013, previously published on April 25, 2013In Luttrell v. Island Pacific Supermarkets, Inc. (April 8, 2013, A134089), California’s First District Court of Appeal held that Howell v. Hamilton Meats & Provisions, Inc. (2011) 52 Cal.4th 541 specifically applies to limit a plaintiff’s recovery of past medical expenses to the...
|California Transparency in Supply Chains Act|
Michael F. Taveira; Foley & Lardner LLP;
April 19, 2013, previously published on April 18, 2013As of last year, the California Transparency in Supply Chains Act requires qualifying businesses to disclose their efforts to eradicate human trafficking and slavery from their direct supply chains.
|Retailers Should Use Caution In Collecting Zip Codes From Consumers|
Mark A. Bross; Adler Pollock & Sheehan P.C.;
April 17, 2013, previously published on April 15, 2013In a recent decision, Tyler v. Michaels Stores, the Supreme Judicial Court of Massachusetts (“SJC”) has increased the risk of class action lawsuits under M.G.L. c. 93A against retailers who collect consumers’ ZIP codes during credit card transactions and use this information for...
|Collection of Zip Codes by Massachusetts Retailers Constitutes Unfair Business Practice|
Paul E. White; Sugarman, Rogers, Barshak & Cohen, P.C.;
April 5, 2013, previously published on April 2, 2013Massachusetts highest court has recently issued an important decision concerning the collection of zip code information by retailers that is likely to generate lawsuits against many of the largest retailers that do business in Massachusetts.
|MA ZIP Code Ruling: Implications for Online Retailers, Gas Stations and Others|
Keller Heckman LLP;
April 3, 2013, previously published on April 2, 2013Since 2011, California has been the primary venue for suits alleging the illegality of collecting ZIP codes in connection with a credit card transaction. Based on a recent decision by the Supreme Judicial Court of Massachusetts, the State's highest court, more such lawsuits will likely be filed in...
|In Key Decision, Supreme Court Applies "Rigorous Analysis" to FRCP 23(b)(3) Class Determination in Reversing Class Certification Based on Lack of Showing That Damages Can Be Measured On Classwide Basis|
Jordan D. Grotzinger, Jeff E. Scott; Greenberg Traurig, LLP;
April 2, 2013, previously published on April 1, 2013In 2011, the Supreme Court explained in Wal-Mart Stores, Inc. v. Dukes, 131 S. Ct. 2541, 2551 (2011) that, “[w]hat matters to class certification . . . is not the raising of common ‘questions’ -- even in droves -- but, rather the capacity of a classwide proceeding to generate...