Brand owners and managers may wonder, is a trademark license required when another’s unregistered color scheme is used? Depending on the facts, it may very well be. About four years ago brand owners scored a major victory in LSU v. Smack Apparel, when the Fifth Circuit Court of Appeals agreed to the existence and successful enforcement of non-traditional and unregistered trademark rights in color schemes when combined with ”other identifying indicia”
Did a post the other day, entitled, Will The Last Expat In China Please Turn Off The Lights? It was on how it seems so many well-known/well-respected expats are leaving China and writing about it. Got a lot of really good comments to that post, but the most recent one really stood it.
Manhattan District Attorney Considers Formal Charges Against Computer Programmer for Alleged Theft of Confidential Trading Codes
On August 15, state proceedings were temporarily adjourned while prosecutors decide whether to file formal charges against programmer Sergey Aleynikov in this high profile trade secret/data theft matter. Last week, Aleynikov was charged with state crimes for the alleged theft of confidential trading codes, despite the fact that the federal court of appeals had already dismissed federal charges earlier this year.
Yes, this blog is quite different than what you are used to reading, but it is a Friday in August so please take it in that vein. Here goes. Undoubtedly, many know the securities industry loves to use statistics. Statistics are used for everything, including, among other things, to make predictions. However, the securities industry is not alone in using statistics to predict the world to come.
The Sky May Actually Be Falling. . . Securities Clearing Firms May Be Liable for Fraudulent Transfers
The case below should be immediately filed in the “Uh Oh” category because the result indicates the potential for increased liability for securities clearing firms when a fraudulent transfer is alleged.
Employers, is your appearance code so important that you would pay more than $150,000 to ban a $10 accessory in the workplace? This is the story of the $150,000 lanyard. If you are ignorant like me, you are thinking, “What the heck is a lanyard? Isn’t that a part of a ship?” (Actually, I am sure that no one but me is that ignorant.)
Jim Donnan has more problems with the SEC, but this time it is the Securities and Exchange Commission and not the other football teams in the Southeastern Conference. Donnan, the football coach for the Georgia Bulldogs from 1996-2000 was sued by the SEC on August 16, 2012 and accused of actively participating in and promoting a multi-million dollar Ponzi Scheme.
No warrant was required to track a drug dealer’s GPS locations from cell phones since the defendant “did not have a reasonable expectation of privacy in the data emanating from his cell phone that showed its location.”
A lawyer asked me why I have my blog on the LexBlog platform. I could have answered that it was because Kevin O’Keefe and Kevin McKeown are friends, but that is not enough for me to choose LexBlog. Put simply, the LexBlog team is the best in the business. They make it seamless for me and help improve my blog.
On August 14, 2012, four industry groups sent a letter to Marilyn Tavenner, the Acting Administrator of the Centers for Medicare & Medicaid Services (CMS), asking CMS to publish the final rule implementing the Physician Payments Sunshine Act (Sunshine Act).