Atlanta Trademark Partners Ted Davis and Charlie Henn contributed articles to the May–June 2024 (Vol. 114 No. 3) issue of International Trademark Association (INTA)'s "The Trademark Reporter." Check out both of their articles: Constitutional Avoidance and Standards of Proof in Trademark Infringement Litigation: A Comment on Post–Jack Daniel’s Applications of the Rogers Test for Liability (Ted Davis): https://lnkd.in/eeVT7c3Q "With the U.S. Supreme Court’s 2023 decision in Jack Daniel’s Properties, Inc. v. VIP Products LLC leaving open the question of whether the Rogers v. Grimaldi test should apply in cases involving an artistic or expressive work where a defendant’s allegedly infringing use of a plaintiff’s trademark is not as a designation of source for defendant’s own goods and services, the author of this article argues that the constitutional-avoidance doctrine allows courts to accommodate free speech considerations when determining whether defendant’s use explicitly misleads consumers as to the source or content of such artistic or expressive work." ——— Survey Methodologies to Overcome “Failure to Function” Refusals in the U.S. Patent and Trademark Office (Charlie Henn): https://lnkd.in/e5fdnSuZ "Brand owners sometimes face United States Patent and Trademark Office “failure to function” refusals to register their trademarks. The author of this article offers brand owners practical advice on how to design surveys that can provide empirical evidence showing whether an applied-for term functions as a mark."
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THIS THURSDAY (July 11th) at 12:00 pm ET, join Partner Steve Gardner for a webinar on "Managing Patent Litigation: Recent Strategy Developments In-House Counsel Should Know." Learn more and register ⬇️
WEBINAR | On Thursday, July 11th at 12:00 pm ET, join Partner Steve Gardner for a webinar on "Managing Patent Litigation: Recent Strategy Developments In-House Counsel Should Know." Tailored for in-house counsel who manage patent litigation, this webinar will explore cutting-edge strategies suggested by recent rulings by the Federal Circuit and Supreme Court. The webinar seeks to equip in-house counsel with advanced strategies and up-to-date observations, enhancing their ability to provide exceptional value to their clients. Learn more and register: https://lnkd.in/evRtGsd3
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CLIENT SUCCESS | "Kilpatrick attorneys secured a significant decision for contractors and subcontractors performing work in Pennsylvania. The Third Circuit Court of Appeals affirmed District Court Judge William S. Stickman’s award of penalties, attorneys’ fees, and expenses under the Pennsylvania Contractor and Subcontractor Payment Act (CASPA) to C.J. Hughes Construction Company. The case arose from a dispute over payment owed to C.J. Hughes for its work constructing segments of a natural gas pipeline. In issuing its ruling, the Third Circuit offered greater clarity on the scope and application of CASPA. The Third Circuit confirmed CASPA does not contain a formal invoicing requirement, its attorney’s fees provision does not require a showing that the non-prevailing party lacked good faith in its failure to pay amounts due, and the penalty provision in the pre-amendment version of CASPA is not waivable." Learn more about Brian Corgan, Daniel Johnson, and Preston Ehlers's client success: https://lnkd.in/eV--Q4Rm
Client Success | Third Circuit Affirms Kilpatrick’s Recovery of CASPA Penalties and Attorneys’ Fees Award in C.J. Hughes v. EQM
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“If the claimants actually have to document arbitration agreements or at least submit declarations confirming their status as customers that would have agreed to arbitration agreements, that makes it much more difficult for mass arbitration claimants counsel to quickly amass an enormous group of legitimate claimants and thereby saddle the business respondent with massive initial filing fees." Kilpatrick Partner Allen Garrett was recently quoted by ALM for their article titled, "Will 7th Circuit Ruling Make Mass Arbitrations ‘Too Onerous’ for Plaintiffs Firms?" Read it here: https://lnkd.in/eXrK9wMm
Will 7th Circuit Ruling Make Mass Arbitrations ‘Too Onerous’ for Plaintiffs Firms? | Law.com
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LEGAL ALERT | As previously reported, the Federal Trade Commission (“FTC”) finalized a sweeping rule that, if effective, would ban nearly every post-employment non-compete provision. Lawsuits challenging the rule, which is scheduled to go into effect on September 4, 2024, were commenced in various federal courts around the country immediately following the FTC’s vote to adopt the rule. Read "Texas Federal Court's Limited Ruling Enjoining the FTC's Non-Compete Rule Leaves Employers with Questions" from Brodie D. Erwin and Drew Williamson here: https://lnkd.in/eWuBZSQt
Texas Federal Court's Limited Ruling Enjoining the FTC's Non-Compete Rule Leaves Employers with Questions
ktslaw.com
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LEGAL ALERT | By any metric, Japan should have great appeal for foreign investors. It is an advanced economy with a strong market, established industrial base, renowned tech sector, a reputation for quality, and a stable and secure economy. The substantial depreciation of the Yen, which hit historic lows this year, presents foreign companies with a unique opportunity to take advantage of this prime economic situation. Yet in practice, Japan has some of the lowest rates of foreign direct investment (FDI) of its peers—just 8% of GDP value. Why? Companies often cite Japan’s unique regulatory scheme and business practices. But Japan’s government has promised to boost FDI 50% (80 trillion yen) by 2030. This article outlines these new initiatives and considerations for companies that wish to take advantage of this prime economic situation. Read "Japan is Primed for Increased Foreign Direct Investment" from Kurtis Anderson, Thomas G. Allen, and Yota Iemura here: https://lnkd.in/esjKJvBX
Japan is Primed for Increased Foreign Direct Investment
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"As anyone faced with discovery requests knows, one of the most important parts of producing documents is determining what documents are subject to attorney-client privilege or work product doctrine and must therefore be redacted or withheld. Failing to conduct an effective privilege review can have dire consequences -- from exposure of highly confidential information to even waiver of the privilege. While identifying an attorney-client communication or attorney work product would seem to be an easy task, marked by clear indicia of confidentiality and when an attorney is providing legal advice, in practice, that is not always the case. Privileged documents are often not marked as such, and it is not always easy to tell who is an attorney or when an attorney is providing legal advice, especially when dealing with communications between a large company’s employees and their agents and advisors." Read the latest LitSmart E-Discovery Blog from Julie Barker Pape here: https://lnkd.in/eSqn-Tzh
THE ATTORNEY-CLIENT PRIVILEGE: THE CORPORATE COMMUNICATION CONUNDRUM – PART II
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"Like his father and uncles before him, Wab Kadaba appeared to be on a path to a career in engineering. But an interest in intellectual property law instead put Kadaba on a journey through the legal profession that has now led to him becoming chair of Kilpatrick, formerly known as Kilpatrick Townsend & Stockton LLP. After leading the firm's IP department for more than 11 years, Kadaba took the reins as firm chair, replacing Henry Walker. Under Walker's leadership, Kilpatrick experienced 11 consecutive years of gross revenue growth and more than doubled its profits per partner, according to the firm." Read "How Kilpatrick's New Chair Found His Passion for the Law" from Law360 here ⬇️
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We are proud to share that the firm has once again high earned rankings in the 2024 Legal 500 US, an annual, research-based analysis of law firms in over 150 jurisdictions around the world. We have been recognized in numerous practice areas, with several garnering Tier 1 rankings, the top ranking awarded by Legal 500. The publication also singled out 42 Kilpatrick attorneys for their accomplishments and work from the past year, with 17 receiving specific ranking designations. Read our full list of rankings here: https://lnkd.in/e4GwdQ2D
Kilpatrick Earns High Rankings in 2024 Legal 500 US
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Happy Independence Day! #July4th 🇺🇸
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