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Kilpatrick Townsend & Stockton LLP

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Does the First Sale Doctrine Protect the Reselling of Genuine Goods that Include Non-Genuine Replacement Parts with the Original Trademark Retained? C.D.Cal Denied the Application of First Sale Doctrine as Defense in a Trademark Infringement Claim

USA - March 23 2017 The First Sale Doctrine in Trademark Law will provide only limited protection to resellers of luxury products who have refurbished or modified the

OCC Issues Additional Guidance for Evaluating FinTech Charter Applications

USA - March 22 2017 On March 15, the Office of the Comptroller of the Currency (OCC) provided additional detail on evaluating national bank charter applications from

A Ninth Circuit Blueprint for a RICO Class Action

USA - March 23 2017 Civil RICO claims usually present complex issues. As civil causes of action predicated on violations of Criminal Law, a RICO plaintiff must prove

Protecting seller's interest in goods sold on credit terms

USA - April 20 2009 A classic tension in commercial law is the standoff between (1) a seller who sells goods to a purchaser on credit terms and (2) the secured lender who advances credit to that purchaser and takes a security interest in all of that purchaser’s now owned and hereafter acquired goods

Spokeo and the TCPA: Mere Receipt of Fax with Non-Compliant Opt-Out Notice is Not “Concrete Injury”

USA - March 17 2017 In ARcare v. Qiagen N. Am. Holdings, Inc., No. CV 16-7638 PA (ASX), 2017 WL 449173, at 1 (C.D. Cal. Jan. 19, 2017), the district court granted the

President Trump Nails Coffin Shut on Federal Contractor “Blacklisting” Under Fair Pay and Safe Workplaces Rule

USA - March 28 2017 On March 27, 2017, President Trump signed a Congressional Review Act resolution, H.J. Res. 37, and issued his own Executive Order, which together

Does the First Sale Doctrine Protect the Reselling of Genuine Goods that Include Non-Genuine Replacement Parts with the Original Trademark Retained? C.D.Cal Denied the Application of First Sale Doctrine as Defense in a Trademark Infringement Claim

USA - March 23 2017 The First Sale Doctrine in Trademark Law will provide only limited protection to resellers of luxury products who have refurbished or modified the

A Ninth Circuit Blueprint for a RICO Class Action

USA - March 23 2017 Civil RICO claims usually present complex issues. As civil causes of action predicated on violations of Criminal Law, a RICO plaintiff must prove

OCC Issues Additional Guidance for Evaluating FinTech Charter Applications

USA - March 22 2017 On March 15, the Office of the Comptroller of the Currency (OCC) provided additional detail on evaluating national bank charter applications from

Alibaba Says “Close Sesame”: C.D. Cal. Finds No Liability When “Online” Mall Provides a Search Engine Allowing Consumers to Search for Plaintiff’s Products Within its Online Marketplace

USA - March 20 2017 Courts continue to show reluctance to permit trademark claims to hamper the sale of products via the Internet absent concrete evidence of actual