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List of Holiday-Related Trade Secret/Non-Compete Cases

trgvhbsuf40-srikanta-h-uWhether you are a young child missing teeth, or a grown-up taking account of her life, or Santa Claus himself checking up on everyone else’s life, many of us make lists at holiday time.  They can be lists of gifts we want, or those we need to get, or people we wish to see or write to, or things we need or want to do before the end of the year.  Sometimes they are just lists of things that happened this year or that we want to happen next year.  Certainly there are lots of “Top Ten” holiday lists.  This one may be neither an exception nor exceptional, but here is a “Top Ten List of Holiday-Related Trade Secret/Non-Compete Cases”:

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IS YOUR TRADEMARK MERELY DESCRIPTIVE?

photo-1466921583968-f07aa80c526eIn the United States, a trademark can be refused registration on the Principal Register because the trademark is deemed merely descriptive.  If the trademark is not allowed for registration on the Principal Register, it may be eligible for registration on the Supplemental Register.  So, how do you determine if your mark is descriptive and which register should you seek registration?

The main register for most trademarks in the United States is what is called the “Principal Register”.  A trademark that is registered on the Principal Register has certain advantages including using the registration symbol ®, protection against registration of a confusingly similar mark (likelihood of confusion), presumed notice to the public of a claim of ownership of the mark, a legal presumption of ownership of the mark and the exclusive right to use the mark in commerce on or in connection with the goods/services listed in the registration, establishing a date of constructive use of the mark as of the filing date of the application, filing suit in federal court to bring an action concerning infringement, preventing importation of infringing foreign goods by filing the registration with the U.S. Customs and Border Protection, incontestability of the registration, and using the registration as a basis to obtain registration in foreign countries.

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USCIS Policy for EB-5 Redeployment and “At-Risk” Issues Discussed at IIUSA Conference

Arnstein & Lehr Attorney Ronald Fieldstone

Ronald R. Fieldstone

At the October 2016 IIUSA Conference, I was on a distinguished panel of practitioners discussing the topic of redeployment issues. The panel focused on the current USCIS Guidelines that sets forth the concept of “at risk,” which is pursuant to the draft policy statement issued on August 10, 2015 and was discussed at both the August 13, 2015 and July 28, 2016 USCIS Stakeholder’s meetings.

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Food Fight and Road TRIPS!!!!!: Treaties And Product Names Getting Messy

photo-1464688934599-fc5108f8d1afTwo words, uttered in a certain tone and with a certain speed, are apt to suggest a bit of wastefulness, a touch of anarchy, and yet a sense of communal participation.  Those two words, from Faber College of lore to present discussions of law:

Food Fight!!!!!.  And, we see the long smoldering discussions of geographical indications, or GIs, as part of the Transatlantic Trade and Investment Partnership negotiations are prompting some (such as the US Based Consortium for Common Food Names) to lay out just what might be at stake in this food fight.  Though such groups are concerned that the Transatlantic Trade and Investment Partnership could provide legal ammunition for foreign manufacturers to up end American markets, those same groups overlook the fact that such legal ammunition may already exist.

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Revisiting Dispute Resolution Mechanisms

It is important for the government to develop an efficient dispute resolution mechanism to prevent the slowdown of PPP projects.

The private sector brings with it the benefit of private funding of the projects and efficiency of operations. ‘Public-Private Partnership’ (PPP) has been a relatively flourishing model for infrastructure development in India. In PPP, the concession agreement is signed between two parties i.e., the authority and the private party, viz., concessionaire, where the private party is elected through the process of open competitive bidding.

PPP Article in Infrastructure 230816

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Summary Dilligence

In Scotland, the group tasked with enforcing judgments (and some other debts) are Sheriff Officers, or Messengers-at-Arms for the Court of Session.  Usually, their role begins once you have had your day in court and been awarded your decree (judgment).  However, it is possible on occasion to have Sheriff Officers proceed with enforcement action on the strength of some other documents, such as guarantees or leases.  This article will focus on those other documents.

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International Lawyers Network Shortlisted for The Lawyer’s Law Firm Network of the Year Award

TLEU 011 Shortlisted Logo_CMYK21

The International Lawyers Network has been shortlisted as Global Network of the Year by The Lawyer.” The winners of this category will be announced at The Lawyer European Awards 2016 at the Hilton London Bankside Hotel in London, England on Wednesday, March 9, 2016.

This is the first time the category for Global Network of the Year has been included for consideration in the awards. In evaluating submissions, judges looked for evidence of strategic vision, with particular focus on cross-border initiatives, consistent excellence in the delivery of legal services and outstanding talent management.

“We are honored to have the International Lawyers Network shortlisted as Global Network of the Year,” said Lindsay Griffiths, Director of Global Relationship Management. “We pride ourselves on innovative marketing strategies and dedication to fostering relationships among our members. We believe this helps set us apart from other worldwide legal networks.”

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Fair Pay and Women’s Equality Discussed in Employment Law This Week

The new episode of Employment Law This Week – Epstein Becker Green’s new video program – discusses legislation that affects women in the workplace.

One segment concerns the new amendment to California’s “Fair Pay Act,” which toughens the state’s existing equal pay law. The old law prohibited gender-based pay differentials for employees doing equal work in the same establishment.  The law now requires equal pay for male and female employees who do “similar work” under “similar working conditions.” This means the law may no longer take into account varying cost of living in different areas of the state. Attorney William O. Stein from Epstein Becker Green goes into more detail on the implications of this new amendment. Read more about the Fair Pay Act.

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Big Data Discrimination: Is the Industry Responsible?

The ad tech industry continually improves its use of data to segment users into unique groups and target them with the right message at the right time. Data analytics is now a valuable and essential component of digital media buying, as can be seen through the growth of data-management platforms. Campaigns are considered effective when the data reveals that ROI has increased based upon the targeting and segmenting.

However, have you ever considered if there are unintended negative consequences of such big data analytics and retargeting? While campaigns can use detailed data analytics to reach a representative sample of consumers, it is also possible that the data results in excluding consumers of certain socioeconomic backgrounds from ads as well as any resulting offers, discounts or promotions.

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Forcing the collective sale or re-development of strata schemes – explaining the new laws

Last week, the NSW Government introduced new legislation into parliament that would authorise the collective sale or re-development of freehold strata schemes.  The laws would allow strata scheme sites to be sold or re-developed without the unanimous agreement of the owners.

This is a radical change.  At present, with some limited exceptions, strata schemes are only terminated with the agreement of all lot owners within a scheme.

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