Our blog entry earlier this year discussed the “Booking.com” decision, in which the US Supreme Court struck down the per se rule that a generic mark followed by .com was not registrable under any circumstances.  That blog entry cautioned that the news may not be as good as may first appear. Recent interpretation of the Booking.com […]

On August 26, 2020, the U.S. Securities and Exchange Commission (“SEC”) approved amendments to the “accredited investor” definition1, thereby increasing the number of persons that can participate in private offerings of securities2.  Previously, individuals that wanted to participate in private offerings generally had to be high earning or high net-worth individuals to qualify as “accredited […]

Earlier this month, the Supreme People’s Court, China’s highest appellate court, affirmed a 2017 ruling that ordered “Uncle Martian” to destroy all infringing product, pay $300,000 in damages, and stop using a “UM” design that mimicked, and therefore infringed upon, Under Armour’s “UA” logo. Separately, in April, the Supreme People’s Court decided that the Chinese […]

When dealing with creative talent, it is imperative that a company pays close attention to their employment and intellectual property agreements to be sure that the company’s operations are not disrupted if and when the talent departs. Recent litigation between Yves Saint Laurent (YSL) (and its parent entity) and YSL’s former creative director, Hedi Slimane, […]

Background Following up on my post of May 15th, 2020, the Seventh Circuit has sanctioned Ellishbrooks for its pursuit of a frivolously doomed appeal. The sanctions order emphasizes the importance of respecting the rules and answering on time for litigants and their counsel. 

A recent decision from the United States Court of Appeals for the Seventh Circuit highlights the importance of complete and timely appearances, pleadings, and discovery responses. Quincy Bioscience, LLC is the maker of the dietary supplement PREVAGEN, which is also sometimes prescribed as a memory aid.  Quincy sued Ellishbooks and others for trademark infringement and […]

When does the law belong to the People, and when does it constitute private property?  If the law is not subject to copyright protection and is free for all to copy and use, why is that, and how wide is the scope of that doctrine?

The U.S. Securities and Exchange Commission (“SEC”) adopted “Regulation Best Interest” (“Reg BI”) on June 5, 2019, requiring broker-dealers to act in the best interest of their retail customers when recommending securities or a particular investment strategy. Additionally, the SEC adopted a new Exchange Act Rule 17a-14, 17 CFR § 240.17a-14, that requires broker-dealers to […]

Effective April 1, 2019, every National Futures Association (“NFA”) member commodity pool operator (“CPO”) that handles customer funds must implement an internal controls system (“ICS”) that “is designed to deter fraudulent activity by employees, management, and third parties” to ensure that each Member CPO properly safeguards customer funds, provides accurate and timely financial reports, and […]

Part 1 – Introduction On September 11, 2018, the Securities and Exchange Commission (SEC or the Commission) announced “public administrative and cease-and-desist proceedings” against Crypto Asset Management, LP (CAM) and Timothy Enneking (Enneking), the owner and manager of CAM. The ruling is notable as the Commission’s first order against a crypto-dominated investment fund, but also […]