Rimon

Class Action For 1.5 Million Wal-Mart Employees Affirmed By Ninth Circuit

Insights June 8, 2010

In the recently decided case of Dukes v. Wal-Mart Stores, the Ninth Circuit upheld a 2004 district court’s decision to certify a class that could potentially consist of 1.5 million women employed by Wal-Mart since 1997. Through this gender discrimination class action, the employees seek back pay, declaratory relief, and injunctive relief. The plaintiffs allege that…

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FINRA Regulatory Notice Regarding Regulation D Offerings

Insights June 7, 2010

The Financial Industry Regulatory Authority (FINRA) issued Regulatory Notice 10-22 on April 20, 2010. The notice, which came in light of recent abuses in Regulation D offerings, was intended to be a reminder to broker-dealers of their obligation to conduct a reasonable investigation of the issuer and the securities they recommend in offerings made under…

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Ninth Circuit Broadens Definition of “Copyright Registration” for Litigation Purposes

Insights June 2, 2010

In order to initiate an infringement action in federal court, the Copyright Act requires the litigating party to hold a copyright registration. While the circuits are split on what constitutes a copyright registration, the Ninth Circuit recently joined the Fifth and Seventh Circuits in Cosmetic Ideas v. IAC in holding that anapplication for copyright registration suffices for a…

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New Employee Rights Poster Issued Under National Labor Relations Act

Insights May 27, 2010

The Department of Labor recently published a poster listing employees’; rights under the National Relations Labor Act (NRLA). The notice, which Federal contractors and subcontractors are required to display in a conspicuous location, informs employees that under the NRLA they are guaranteed: the right to organize and bargain collectively with their employers; the right to engage in…

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Protecting Children Online–Where we are and where we’re heading under Children’s Online Privacy Act

Insights May 23, 2010

The Children’s Online Privacy Protection Act of 1998 (COPPA) with its implementing regulations, the Children’s Online Privacy Protection Rule (COPPA Rule) (in effect since April 21, 2000), have served as the primary law in the U.S. for protecting personal information about children online. It’s a gross understatement to state that the Internet is a different world than what…

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Is It a Barbie World?

Insights April 20, 2010

We all can agree that Barbie is a famous brand, regardless of what we may think of her or the thin values she espouses. Barbie dolls have been around since May 9, 1958. The first Barbie trademark registration (Reg. No. 0,689,055) for a “doll” was issued on December 1, 1959. This is interesting because “doll”…

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The Skinny (Cow) on Weight Watchers v. Nestle

Insights April 13, 2010

This posting is about the recently filed trademark case Weight Watchers International Inc. v. Nestle U.S.A. Inc., 09-07964, U.S. District Court, Southern District of New York (Manhattan). MY DISCLAIMER — I have not read the complaint. Instead, I saw Joel Rosenblatt’s article in the news section on the e INTA LinkedIn Group. Joel’s article states…

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Open Brands?!?

Insights April 13, 2010

A few weeks ago, I attended the Social Media for Sustainability conference hosted by Justmeans. I met Joey and Stacie Shepp there and Joey told me about their project, Open Brands. Open Brands uses Twitter to follow and measure the real life conversations that consumers are having about brands. Open Brands is able to do this through the use of “brand…

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PTO Shortens Time of First OA

Insights April 6, 2010

On Thursday, June 4, 2009 the USPTO reduced its goal for “trademark pendency” to two months. “TM Pendency” determines how large of an inventory of unprocessed applications the USPTO should keep at any given time. The time frame discussed in relation to pendency is the time that it takes the PTO to issue a First…

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2009 LOHAS Forum

Insights March 30, 2010

On Thursday, June 4, 2009 the USPTO reduced its goal for “trademark pendency” to two months. “TM Pendency” determines how large of an inventory of unprocessed applications the USPTO should keep at any given time. The time frame discussed in relation to pendency is the time that it takes the PTO to issue a First…

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