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Results: 1-10 of 290

Advertising is insufficient to establish first use for a service mark application

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • March 4 2015

The Federal Circuit recently affirmed a Cancellation of a service mark that identified its first advertisement of the mark as the date of first use

Exclusive is a dangerous word to use in agreement

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • March 2 2015

Many sales and distribution agreements purport to grant "exclusive" rights to a distributor or sales representative. A recent 7th Circuit Court of

Federal Circuit issues first opinion on an appeal from an inter partes review

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • February 18 2015

On February 4, 2015, the Federal Circuit issued its first opinion from an appeal of the merits of inter partes review ("IPR") decided by the USPTO

California court allows equitable defense to enforcement of guaranty in spite of general waiver

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • February 11 2015

Shortly before the new year, California's Fourth District Court of Appeal, sitting in Riverside, delivered some clarity to California's law on

Tacking as a defense to trademark infringement is a question for a jury

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • January 21 2015

On January 21, 2015, the U.S. Supreme Court issued its first substantive trademark opinion in over ten years. In Hana Financial, Inc. v. Hana Bank, a

Confidentiality agreement not enough to protect confidential information

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • January 14 2015

Confidentiality agreements have become routine as a part of conducting business. Parties frequently exchange confidentiality agreements, or sign a

Ninth Circuit allows online shoppers to ignore arbitration agreement

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • December 24 2014

In several earlier updates, we reported on Seventh Circuit cases striking down arbitration agreements in both the consumer and commercial contexts. A

Seventh Circuit strikes down another arbitration provision

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • November 11 2014

In an earlier Update, we reported on a 7th Circuit Federal Court of Appeals case that struck down an arbitration provision. (Deborah Jackson, et. Al

Court strikes down bogus arbitration provision

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • November 10 2014

Courts generally bend over backwards to enforce a freely negotiated arbitration provision, especially between commercial parties. But a recent case

Court of Appeals reverses and remands Fogo de Chao L-1B case

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • November 6 2014

A legal battle over the delineation of what constitutes "specialized knowledge" one of the requirements of the L-1B Intracompany Transferree work