The Legal Intelligencer | Commentary
By Susan A. Smith and Doyle S. Tuvesson | April 15, 2024
The court found no likelihood of confusion, emphasizing that "an effective parody will actually diminish the likelihood of confusion." Over a decade later, the U.S. Supreme Court stated that the First Amendment does not grant trademark parodies a safe harbor from infringement claims.
The Legal Intelligencer | Commentary
By Laura Lipschutz | April 15, 2024
Earlier this year, media and news outlets widely reported that Mickey Mouse had entered the "public domain" because Disney's copyright in the cartoon "Steamboat Willie" expired on Jan. 1, 2024. What implications does the expiration of this copyright registration actually have and may we all start using Mickey to promote our products and services?
The Legal Intelligencer | Commentary
By Emily Robb | April 15, 2024
In Miller v. Alabama, the U.S. Supreme Court recognized that children's brains are still developing and equated that with lessened culpability. Felony murder, which punishes anyone involved in the underlying felony in which someone died, even if unintentional, still punishes children for the very cognitive deficiencies that the Supreme Court identified.
The Legal Intelligencer | Commentary
By Nicole D. Galli, Laura Talley Geyer and Alexa Elder | April 15, 2024
The dispute between fashion powerhouses Adidas and Thom Browne over stripe designs reveals the intricacies of brand protection and the scope of trademarks based on common elements especially within the fashion world.
The Legal Intelligencer | Commentary
By Harlan S. Stone, Anna S. Jewart and Alexandra G. Farone | April 12, 2024
On March 15, the U.S. Supreme Court weighed in on an issue that more directly impacts the legal interests of public officials: When does a public official's social media activity on a personal account constitute state action under 42 U.S.C. Section 1983, subjecting the public official to liability?
The Legal Intelligencer | Commentary
By Sarah Holler | April 12, 2024
The expansion of TPS designations combined with the 2022 policy reversal on previous unlawful entry has increased the number of individuals eligible for TPS and has widened the availability for those to apply for an adjustment of status.
The Legal Intelligencer | Commentary
By Edward T. Kang and Kyle T. Garabedian | April 12, 2024
While asserting claims in federal court against local government is a powerful tool, it is one that should be used sparingly and carefully. Like most other litigation, such claims come with significant risks and financial costs.
The Legal Intelligencer | Commentary
By Andrew C. Kassner and Joseph N. Argentina Jr. | April 12, 2024
In In re Cortlandt Liquidating, the U.S. District Court for the Southern District of New York, sitting as an appellate court, reviewed a Bankruptcy Court decision that addressed a number of issues involving a commercial landlord's claims in bankruptcy.
The Legal Intelligencer | Commentary
By Lindsey L. Bonafede and Leonard Impagliazzo | April 11, 2024
At its core, discovery in MDLs is no different than that of an average litigation. The fundamental concepts, processes and practices are the same. However, the success of managing large complex matters will fall squarely on the e-data attorney's ability to plan strategically and communicate effectively with co-counsel and various opposing counsel law firms especially when there are parallel matters at play.
The Legal Intelligencer | Commentary
By Ashleigh Taylor | April 10, 2024
By thoughtfully amending operating and shareholder agreements to include both incentives and penalties for compliance, businesses can not only adhere to the letter of the law but also foster a culture of transparency and accountability.
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