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Results: 1-10 of 312

U.S. Supreme Court unanimously vacates and remands case due to EEOC's lack of conciliation efforts
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • May 26 2015

Before suing an employer for discrimination, the Equal Employment Opportunity Commission ("EEOC") must try to remedy unlawful workplace practices


Business owner loses $30 million through lack of due diligence
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • April 24 2015

William Carlson was a successful businessman. Carlson was the owner of Willis Capital LLC, through which he founded Belvedere Trading LLC in 2002


District court litigation can be precluded by USPTO trademark decisions
  • Masuda Funai Eifert & Mitchell Ltd
  • USA
  • March 25 2015

In a 7-2 decision, the U.S. Supreme Court held that a party can be precluded from litigating an issue that was previously decided by the United


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