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That's Not Fair... Or Is It? The Concept Of Trademark Fair Use
"But why can't we stop them from using our mark?" is a question often asked of trademark attorneys. As with most areas of the law, the answer is rarely simple. The trademark owner is given certain exclusive rights, but is not granted an absolute monopoly over the mark. The rights are limited since...
Read MoreAdvertising, Marketing And Promotion: What Issues Carried Weight In 2005
Unlike 2004, 2005 was a relatively "scandal-less" year in the realm of advertising, marketing and promotions law. In 2005, more food appeared on television than ever before, as the use of product placement and brand integration campaigns increased at a rapid-fire pace. While much has been written...
Read MoreEmployers Considering Reductions In Force May Need To Reexamine Waiver Disclosures
It is common practice for employers engaging in a reduction in force ("RIF") to condition receiving severance benefits on the signing of a release. A recent Tenth Circuit decision has imposed a requirement that may call into question the validity of releases under the Age Discrimination in...
Read MorePartnering - Law Firms Outside Firm Adds Value - As Attorneys And Counselors - To Corporate Legal Department
Editor: Would each of you gentlemen tell our readers something about your background and professional experience? Kessler: I am currently Executive Vice President - Operations of Carey International. In addition to my general counsel responsibilities, I oversee the company's reservations centers...
Read MoreDo-Not-E-mail My Child: States Launch New Registries
Michigan and Utah have recently launched similar child protection registries to enable parents to shield children from unwanted e-mail messages. Public registration in Michigan began July 1, 2005, and sender compliance begins August 1, 2005. Public registration in Utah began July 15, 2005, and...
Read MoreUnderstanding The New Accounting Rules For Stock Options And Other Awards
Lawyers, tax professionals and other executives who are involved with granting equity-based awards to employees should have a basic understanding of the new accounting rules set forth under Statement of Financial Accounting Standards No. 123(R) ("FAS 123(R)"). An understanding of the rules is key...
Read MoreMartin Garbus On The First Amendment: "At The Very Heart Of How We Define Ourselves As A Nation"
Editor: Mr. Garbus, would you tell our readers something about your background and professional experience? Garbus: I am a partner in the Litigation Department of New York-based Davis & Gilbert, a firm widely known for its representation of marketing communications, publishing and media...
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