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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
  • Kilpatrick Townsend & Stockton LLP
  • 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
  • Kilpatrick Townsend & Stockton LLP
  • 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
  • Kilpatrick Townsend & Stockton LLP
  • 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
  • Kilpatrick Townsend & Stockton LLP
  • 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


FDA’s Public Meeting on the Use of the Term “Healthy” in the Labeling of Human Food Products - Summary and Major Takeaways
  • Kilpatrick Townsend & Stockton LLP
  • USA
  • March 20 2017

On March 9, 2017, the Food and Drug Administration (FDA or Agency) held a public meeting in Rockville, MD, which FDA officials described as a way to


Spokeo and the TCPA: Mere Receipt of Fax with Non-Compliant Opt-Out Notice is Not “Concrete Injury”
  • Kilpatrick Townsend & Stockton LLP
  • 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


New Economy Businesses Need New Insurance: Can The Insurance Industry Keep Up?
  • Kilpatrick Townsend & Stockton LLP
  • USA
  • March 14 2017

Kilpatrick Townsend Attorney, Will Um, recently presented the “New Economy Businesses Need New Insurance: Can The Insurance Industry Keep Up?,” as a


Is Discovery That Section 8 Affidavits Were Not Filed By The Owner Of The Registration Grounds For Cancellation? N.D.Cal Rules “No.”
  • Kilpatrick Townsend & Stockton LLP
  • USA
  • March 14 2017

Every trademark lawyer knows that between the fifth and sixth year after registration the trademark owner must file an affidavit of use. If the mark


DOL Issues Temporary Enforcement Guidance on Fiduciary Rule
  • Kilpatrick Townsend & Stockton LLP
  • USA
  • March 13 2017

On March 10th, in connection with the DOL's recent proposal to delay the applicability of the fiduciary rule, the DOL issued temporary guidance (Field


CFPB Proposes to Delay Prepaid Rule Effective Date
  • Kilpatrick Townsend & Stockton LLP
  • USA
  • March 13 2017

On October 5, 2016, the Consumer Financial Protection Bureau (the Bureau or CFPB) issued its final rule to extend certain federal consumer protections