Matal v. Tam – Disparaging Trademarks are Registrable

It is well known that the trademark laws of the United States differ substantially from the trademark laws of countries around the world.  The United States Supreme Court recently clarified that ‘offensive’ trademarks are registrable, further differentiating the United States from the majority the world.

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Davis Malm Launches Cannabis Law Practice

Davis Malm announces that it has established a dedicated practice area to meet the specialized needs of the rapidly evolving and highly regulated cannabis industry. Davis Malm attorneys in the Cannabis Law practice will represent the full range of industry participants, from start-up cannabis businesses to companies providing goods and services to the cannabis market, as well as investors. The new practice area will span the breadth of the firm’s substantive expertise to provide key services to clients, including:

  •  Business formation and operations
  •  Dispensary licensing, permitting, and regulatory compliance
  •  Debt and equity financing, including private equity and venture capital transactions, and joint ventures
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HOMS Solicitors take flight!

On the night of Friday 16th June, HOMS Solicitors got their running gear on to take part in the Shannon Airport Runway Night Run 2017. HOMS entered two teams in the Corporate Challenge this year – teams which were comprised of many employees who early in the year had also taken part in the HOMS Fittest Company Challenge in the Great Limerick Run. Our hard work and competitive spirit shone through, with the HOMS teams placing 3rd and 6th in the event!

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ILN Today Post

Stradling M&A Team Advises Clearlake Capital in its $1.26 Billion Sale of Syncsort and Vision Solutions to Centerbridge Partners

On July 6, 2017, Clearlake Capital Group, L.P. announced that it has entered into a definitive agreement to merge enterprise software providers Syncsort Inc. and Vision Solutions, two companies acquired by Clearlake in 2015 and 2016 respectively, along with the sale of a significant ownership position of the combined company to Centerbridge Partners, L.P., a private investment management firm. Pursuant to the agreement, Clearlake will retain a meaningful ownership stake in the company, which will operate under the Syncsort name. The $1.26 billion transaction is expected to close in the third quarter of 2017. Read the press release.

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ILN Today Post

Mangler ved fast eiendom – nar gammelt byttes med nytt

Skal det foretas fradrag for standardheving før det vurderes om forholdet utgjør en vesentlig mangel etter avhendingsloven? Nei, har Høyesterett avgjort i en nylig avsagt dom.

Avhendingsloven § 3-9 andre punktum regulerer mangelsvurderingen når en eiendom er solgt «som den er/as is» og det ikke foreligger opplysningssvikt fra selgers side. I disse tilfellene vil det kun foreligge en mangel dersom eiendommen er i vesentlig dårligere stand enn det kjøperen hadde grunn til å regne med på bakgrunn av kjøpesummen og forholdene ellers.

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ILN Today Post

Arbitration Amendment Ordinance 2017 gazetted

The Arbitration (Amendment) Ordinance 2017 was gazetted on 23 June 2017 http://www.gld.gov.hk/egazette/pdf/20172125/es1201721255.pdf  after the Arbitration (Amendment) Bill 2016 was passed by Hong Kong’s Legislative Council (“Legco”) on 14 June 2017.

The idea of the new law was proposed by C.K. Kwong, senior partner of Sit Fung Kwong & Shum, to the Hong Kong Government Working Group on Intellectual Property Trading which was formed to study the overall strategy for promoting Hong Kong as an IP trading hub. The Sub-Group on IP Arbitration and Mediation with Mr. Kwong appointed as Convener, looked into the strategic area of IP ADR with the view to developing Hong Kong into an IP ADR hub. Mr. Kwong delivered his draft working paper to the Working Group on Arbitrability of IPR when it was set up by the Department of Justice in May 2015.

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Alitalia (update 5): the Procedure Letters for the subjects admitted to the data room have been sent

Alitalia (update 5): the Procedure Letters for the subjects admitted to the data room have been sent
Authors: Antonello Corrado, Silvia Viceconte Subsequently to the collection of the expressions of interest of…
Antonello Corrado
Silvia Viceconte

As a result, the recipients of the Procedure Letters have been granted access to the data room, containing the information required for the submission of non-binding proposals, on the basis of which the extraordinary commissioners will then define the extraordinary administration program.

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EB-5 Redeployment and the New USCIS Policy Guidelines

Arnstein & Lehr Attorney Ronald Fieldstone

Ronald R. Fieldstone

It seems as though the EB-5 Program is a moving target. First, we received notification in August of 2015 that loans could be repaid before I-829 final adjudication after the required jobs have been created, provided that funds were then deployed in an “at-risk” activity. Then the Policy Guidelines attempted with great difficulty of trying to clarify what “at-risk” means. One could argue that their examples and statements both directly and through footnotes created more confusion than clarification.

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Employers Who Do Not Take Tip Credit Own Employees’ Tips

Our colleague at Epstein Becker Green, has a post on the Wage and Hour Defense Blog that will be of interest to many of our readers in the retail industry: “Tenth Circuit Rules Tips Belong to the Employer If Tip Credit Is Not Taken.”

Following is an excerpt:

When an employer pays the minimum wage (or more) instead of taking the tip credit, who owns any tips – the employer or the employee? In Marlow v. The New Food Guy, Inc., No. 16-1134 (10th Cir. June 30, 2017), the United States Court of Appeals for the Tenth Circuit held they belong to the employer, who presumably can then either keep them or distribute them in whole or part to employees as it sees fit. This directly conflicts with the Ninth Circuit’s decision last year in Oregon Restaurant and Lodging Ass’n v. Perez, 816 F.3d 1080, 1086-89 (9th Cir. 2016), pet for cert. filed, No. 16-920 (Jan. 19, 2017) and likely sets up a showdown this fall in the U.S. Supreme Court. …

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Week of July 3, 2017 on ILNToday – A Roundup!

It was a short week for most US firms this week, with the 4th of July holiday falling on Tuesday. But we still have some excellent content coming your way for the roundup!

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