On March 31, 2015, the Supreme Court of the United States issued a 5-4 decision in the case of Armstrong v. Exceptional Child Center, Inc., 575 U.S. __ (2015), holding that health care providers do not have the right to sue a state Medicaid program under Section 30(A) of the federal Medicaid Act (Se
In a precedential ruling, TTAB held that SMART BALANCE for frozen foods was not likely to be confused with SMART ONES for frozen foods in light of the weakness of the common term “SMART,” the differences in the marks, the 17-year peaceful co-existence of the parties’ marks, and more.
In 2013, David and Katina Spade purchased a mattress from Select Comfort Corp. (doing business as Sleep Number) that featured remote control operation of the height of the foot and head portions of the mattress.
Iran and the United States, along with Russia, China, France, the UK, and Germany announced that they have reached an agreement on the key parameters for a Joint Comprehensive Plan of Action regarding the Iran nuclear program in exchange for the termination of certain sanctions.
This change in policy also could make a tremendous difference to provider operations since it would allow them to have access to certain funds during the very lengthy period while they wait for the ALJ determination.
Using financial sanction tools previously used for terrorists and rogue criminal states, the White House on April 1, 2015 declared a national emergency and issued a powerful Executive Order enabling the freezing of US-based assets of foreign cyberattackers.
New Jersey Gov. Chris Christie recently signed a bill amending the state’s gift card law to eliminate the consumer data collection requirements.
Consumer class actions against fashion retailers are on the rise, and the most recent target is Saks Fifth Avenue.
On March 19, 2015, a Minnesota federal judge granted preliminary approval of Target Corporation’s (Target) proposed $10 million settlement of a class action lawsuit, which arose out of a 2013 data breach that compromised personal information of roughly 110 million of Target’s customers.
On March 24, 2015, Arkansas Gov. Asa Hutchinson (R) signed into law S.B. 426, the Fair and Open Competition in Governmental Construction Act.
On March 24, 2015, the Washington, DC office of Arent Fox LLP, in cooperation with the Georgetown University McCourt School of Public Policy, hosted the latest edition of their Public Policy Forum Series.
On March 24, 2015, the Supreme Court issued its much anticipated second trademark decision of the term, holding that US Trademark Trial and Appeal Board (TTAB) decisions concerning likelihood of confusion generally have preclusive effects in federal court.
The international skin care and cosmetics company Mary Kay is hitting back against what it is calling a “fraudulent couponing scheme” operated by the online digital coupon marketplace, RetailMeNot.
In the non-precedential ruling, the Trademark Trial and Appeal Board (TTAB or Board) found that the marks “MASQUERADE” and “MASCARADE” are likely to be confused for different alcoholic beverages. In re 8 Vini, Inc., Serial No. 85857391 (January 16, 2015) [not precedential].
A recent Delaware District Court decision concerning an appeal of a bankruptcy settlement clearly provides support for the use of tender offers or other exchange, or settlement mechanics permitted under applicable federal securities laws prior to and outside a plan of reorganization.
The second installment from Birgit Matthiesen for a planned series of cross-border trade updates.
The New York Court of Appeals recently held in Ellington v. EMI Music, Inc. that the term “affiliates” in a copyright renewal agreement referred only to affiliates existing at the time of contract execution.
The Second Circuit in Krys v. Farnum Place denied a petition for rehearing or rehearing en banc by Appellee Farnum Place, LLC , a hedge fund that sought to protect its purchase of a $230 million claim against the bankruptcy estate of Bernard L. Madoff Investment Securities LLC.
A recent ruling in California US District Court will severely curtail the ability of plaintiffs to bring tort actions based on exposure to chemicals listed under California’s Proposition 65 (Prop 65) as chemicals known to cause cancer or birth defects.
The alleged descendants of Aunt Jemima (a.k.a. Anna Short Harrington) do not have a valid claim to the great syrup fortune of Pepsi and Quaker Oats, according to a recent ruling by the US District Court for the Northern District of Illinois.
In a recent decision, the Federal Circuit clarified the “use in commerce” requirement for trademark applications filed in connection with the provision of a service.
In a two-part episode of Fashion Counsel, Partner Anthony Lupo talks with Robert Almerini, President & COO of Diane von Furstenberg.
The United States Bankruptcy Court for the Northern District of Texas (Bankruptcy Court) declined to grant comity to a decision of the Mexican labor board thereby refusing to recognize a foreclosure sale of assets belonging to Elcoteq, Inc., a US corporation in US bankruptcy proceedings.
There was good news for those companies that have products with unique designs at the US Patent and Trademark Office (PTO). The PTO found that the design of a monster truck could be protected and registered as trade dress for the “services” offered by the owner.
California’s 4th District Court of Appeal issued its opinion in Gerard v. Orange Coast Memorial Medical Center, invalidating the portion of California IWC Wage Order No. 5 that permitted non-exempt health care employees to waive a second meal period for shifts longer than 12 hours.