Monthly Archives: September 2011

ILN Today Post

Lewis Rice Attorneys Named Best Lawyers

We are proud to announce that thirty St. Louis-based Lewis Rice attorneys have been named to the 2012 Best Lawyers in America® annual list: John C. Bodnar, Brian D. Bouquet, Jonathan F. Dalton, Steven C. Drapekin, Thomas C. Erb, William J. Falk, John M. Hessel, Frank B. Janoski, Rosemarie M. Karcher, Benjamin A. Lipman, Matthew J. Madsen, Joseph E. Martineau, Tracy Mathis, Marian V. Mehan, Jaime R. Mendez, Michael D. Mulligan, Larry E. Parres, Catherine R. Phillips, John K. Pruellage, Jacob W. Reby, John J. Riffle, Albert S. Rose, Andrew Rothschild, Barry A. Short, Gary M. Smith, Joseph J. Trad, Richard B. Walsh, Jr., Lawrence H. Weltman, Joseph H. Weyhrich and Tom W. Zook.

This marks the first year Joseph J. Trad has made the list, while William J. Falk, Tracy Mathis, Marian V. Mehan, Michael D. Mulligan and Lawrence H. Weltman have each been Best Lawyers for more than 15 years.

For the full article, please click here.

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Multistate Tax Alert: Invest Ohio: New Ohio tax credit enacted to encourage investment in Ohio

Ohio has enacted an Ohio income tax incentive for investing in certain approved Ohio small business entities where the investor makes the “qualifying investment,” holds the investment for the required holding period, and the approved investee small business entity makes a specified investment or expenditure that is at least as great as the investment made by the investor. The Invest Ohio program is to be administered by the Ohio Department of Development (ODOD) or its successor entity. Prior to making an investment, the investor should ensure that the investee entity is a “small business enterprise” that will be approved by ODOD or its successor entity and should understand the required holding period for such investment.
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ILN Today Post

Trademark Rights Give Way to Free Competition

Principled decision concerning the scope of 3D trademark protection ensures cheap gas for the consumers

By attorney Peter Henrik Würtz and attorney Louise Ingerslev Andersen

On 14 July 2011, the Court of Justice of the European Union passed a judgment establishing that given certain assumptions, considerations for the consumer and for free competition take precedence over the protection rules concerning trademark rights.

The case deals with the question of whether Viking Gas A/S (Viking Gas) has infringed the exclusive licensee’s, Kosan Gas A/S, formerly BP Gas A/S (Kosan A/S), trademark rights when filling gas into a gas bottle protected as a 3D mark and selling it.

To read the full article, please click here for the PDF.

 

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ILN Today Post

Life Sciences Update

Lessons from Wallace v Ramsay Health Care

By Jessica Kinny and Wendy Blacker of Gadens Lawyers, Sydney

A medical practitioner’s duty to warn their patient of the risks associated with a procedure is well known in the medical field and is supported by a clear and consistent line of authority[1].  Despite this, a common feature of medical malpractice is miscommunication with the patient.  read more

 

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Puget Sound Energy v. City of Bellingham – Utility Taxes

Read a summary of the Court of Appeals’ recent decision upholding the City of Bellingham’s utility tax assessment for unpaid utility taxes and penalties.

For more information please visit www.omwmunilaw.com.

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Sunrise For .xxx Domains Is Now Open

As reported in our recent Knowledge Bytes publication, today marks the beginning of the Sunrise period for the new .xxx domain.   Owners of registered trademarks who are not part of the adult entertainment industry may and should apply to block their registered marks from becoming part of a domain name with the new .xxx generic top level domain.  This Sunrise period is in effect until October 28, 2011.  Different Registrars are charging different amounts for this service, so shop around.

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LinkedIn Tutorials – The Wrap Up

And here we are – with the exception of possibly one more post on My Travel from TripIt (which is still acting a bit wonky), we are at the end of our series on LinkedIn! I hope that you’ve gotten some useful tips, and you feel as though you’re starting to use LinkedIn to its full potential.

This morning, Cordell Parvin asked me to share with him what my top LinkedIn tips would be, and I think these would be a good starting point for our final how-to.  They are: 

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And then there were three: NLRB member’s term ends, new chair appointed

On August 27, 2011, the third term of former NLRB Chair Wilma Liebman ended.  The expiration of Liebman’s term leaves the Board with only three Members: Mark Gaston Pearce (D), Craig Becker (D), and Brian Hayes (R).

The White House selected Mark Gaston Pearce to replace Liebman as Chair.  Given that the Board’s Chair historically has the same political affiliation as the White House, Pearce was the only logical choice because he is the only fully confirmed Democrat still on the Board.  Becker, the other Democratic appointee, is a recess appointment and his term will expire in December.

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CIPO Approves New Wares and Services Descriptions

The Canadian Intellectual Property Office (CIPO) today announced the approval of over 500 new or changed wares (goods) and services descriptions in its online Wares and Services Manual.   This is the Manual that the CIPO Examiners refer to when reviewing applications for registration of trade-marks under the Trade-marks Act (the Act).   Under Section 30(a) of the Act, an applicant is required to describe its claimed wares and services in ordinary commercial terms.

While certainly not exhaustive of all of the descriptions that an Examiner will consider to be acceptable, if an applicant’s wares and services can fit within the approved descriptions in the Manual, the processing of the application is likely to be much smoother.  

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TARK GRUNTE SUTKIENE advised in the acquisition of the Alita Group

TARK GRUNTE SUTKIENE was the only legal advisor to Swedbank investment company FR&R Invest in the acquisition of the Alita Group.

TARK GRUNTE SUTKIENE was the only legal advisor to Swedbank investment company FR&R Invest in the acquisition of the Alita Group. An agreement was signed on 7 September under which FR&R Invest will be able to acquire the controlling interest in Alita – the authorised capital of the company will be increased and FR&R Invest will have the right to acquire all the newly issued shares.
Lawyers of the law firm performed a legal due diligence of the Alita Group companies, prepared and discussed the scheme of the client’s participation in the capital of Alita, as well as relevant arrangements and the shareholders agreements, advised the client on the issues of making a future tender offer to buy up the shares. Lawyers of TARK GRUNTE SUTKIENE are responsible for communication with the Competition Council for obtaining of a concentration permit.

Alita is one of the largest manufacturers of alcohol beverages in Lithuania. The iconic brand, that was once strongly related to sparkling wine, has today expanded the range of its products adding popular brandy, vodka, alcohol cocktail and cider names. The securitisation of the loan and reduction of the debt by LTL 96 million (more than EUR 27 million) will help the company to develop and consolidate its position in the market.

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