Although U.S. common law trademark rights are gained through use of the mark in commerce (without registration), registration of a trademark with the U.S. Patent and Trademark Office (“USPTO”) provides the owner with additional rights and benefits. These include nationwide enforcement of the mark against infringers; constructive notice of the registrant’s claim of ownership of the mark; evidentiary presumptions of the validity of the mark, the registrant’s ownership of the mark, and the registrant’s exclusive right to use the mark in commerce on or in connection with the goods or services in the registration; the status of “incontestability” once the mark has used in commerce for five years after registration; and the ability to stop importation of infringing goods into the U.S.
“Back to Basics” Employment Law Series
Properly Complying with New Illinois Sick Leave Laws
Three recently enacted laws expanding sick leave benefits within the state of Illinois will soon impact employers with operations in Illinois. This presentation will discuss the new sick leave laws and provide helpful strategies to comply with the new laws.
A very interesting letter from Senator Grassley to the Securities and Exchange Commission and U.S. Department of Homeland Security indicates he is tackling the Kushner EB-5 project marketing approach. You can see the full letter by clicking here.
I just returned from a week in China. Along with speaking at the EB-5 Investors Magazine’s 2017 EB-5 & Investment Immigration Expo, I had the opportunity to visit with many migration agents, as well as other professionals in the EB-5 industry. My impressions of the marketplace, particularly China, are as follows:
In anticipation of the upcoming effective date (July 1, 2017) of the Cook County “Earned Sick Leave” Ordinance, the Cook Commission on Human Rights recently published the mandatory poster required to be posted by all employers covered by the Ordinance. A copy of the poster is available here.
It is common knowledge the EB-5 investor program received extensions through September 30, 2017. Accordingly, until further changes happen, the existing program will remain in place.
There are currently two (2) key bills that have been presented. One is the Grassley Bill, which is a modification of the old Senate 1501 Bill proposed back in June of 2015 by Senators Grassley and Leahy. The active call “American Job Creation and Investment Promotion Reformat to 2017.” The other bill was proposed by Senator Cornyn of Texas, which has also been submitted in the Senate. Basically, the two (2) factions which represent rural/urban interest are negotiating immigration points that in effect include the following:
Fort Lauderdale Partner Gary Brown Publishes Update To His Book Florida Construction Defect Litigation
Arnstein & Lehr LLP Fort Lauderdale partner Gary Brown recently published an update to his book, Florida Construction Defect Litigation. It covers the legal framework within which construction defect claims are addressed, typical claims and defenses, contractual considerations, standards of care for contractors and design professionals, the applicability of insurance and surety bonds, and the role of experts.
Arnstein & Lehr LLP
Klasko Immigration Law Partners, LLP
Jeffer Mangels Butler & Mitchell LLP
The EB-5 investment community is now facing a new challenge, as many of the more seasoned EB-5 investment projects begin to mature and the original investment capital is returned by the project owner to the new commercial enterprise. USCIS has clearly stated its policy that EB-5 investment capital is required to remain “at risk” in the new commercial enterprise until each EB-5 investor’s I-829 petition is adjudicated. However, USCIS has provided no guidance on what requirements that new investment is required to meet, other than that it must meet the definition of “at risk.”
USCIS recently published a statistics report on the impact of the EB-5 Program for the fiscal years 2012 and 2013, which can be downloaded on the Economics and Statistics Administration’s website by clicking here. Furthermore, IIUSA has also published statistics on various performance factors concerning the EB-5 Program. Both are summarized below, since the results are quite interesting.
Unlike the practice in many countries, in most cases the U.S. requires a trademark owner to place the mark into actual use in commerce and provide specific types of proof of use before the registration certificate will issue. Similar requirements apply to the mandatory declaration of use to maintain or renew a U.S. registration. Effective February 17, 2017, the United States Patent and Trademark Office (“PTO”) has amended its rules relating to the amount of proof necessary to substantiate current use of the mark for post-registration declarations of use. 37 CFR Part§§ 2.161 and 7.37.