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  • Article

    The Rise Of Copyright Cases Against Retailers

    Copyright law is in the news again this week, including the rise in copyright infringement cases against retailers in copyright infringement cases over textile patterns.
    United StatesIntellectual Property
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    TTAB Refuses To Register Mark Used In Selling State-Legalized Marijuana

    The U.S. Trademark Trial and Appeal Board (the Board) affirmed the refusal to register the mark HERBAL ACCESS for "retail store services featuring herbs" in the matter of In re Morgan Brown.
    United StatesIntellectual Property
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Update: Scandalous Marks At The PTO

    On July 3, 2019, the PTO issued Examination Guide 2-19, entitled "Examination Guidance for Section 2(a)'s Scandalous Marks Provision after Iancu v. Brunetti."
    United StatesIntellectual Property
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Western Brand Owners Hit By Russian Constitutional Court Ruling In Parallel Import Case

    On February 13, 2018, the Constitutional Court of the Russian Federation issued a decision in favor of a Russian parallel importer...
    United StatesIntellectual Property
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    DC Circuit Provides Split Guidance On Wehrum Memo

    In an August 20 opinion, the U.S. Court of Appeals for the District of Columbia Circuit ruled 2-1 that an EPA guidance document (the "Wehrum Memo") providing that "major" sources of toxics air ...
    United StatesLitigation, Mediation & Arbitration
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Distracted Driving And Snapchat

    In Maynard v. Snapchat, Inc., Case No. A18A0749 (decided June 5, 2018), the Georgia Court of Appeals addressed a tragic situation involving an automobile accident and the popular application Snapchat.
    United StatesLitigation, Mediation & Arbitration
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    The Eleventh Circuit Visits Margaritaville

    From 1966 through 2007, the City of Key West, Florida prohibited the operation of any tattoo parlors.
    United StatesLitigation, Mediation & Arbitration
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    The Georgia Court Of Appeals Looks At Litigation Funding

    In recent years, an industry has developed in which businesses advance monies to plaintiffs with pending lawsuits in exchange for a share of recovery
    United StatesLitigation, Mediation & Arbitration
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    You Say Tomato, I Say Tomato: Commercial Speech In The Eleventh Circuit

    In Dana's Railroad Supply v. Florida Attorney General, Case No. 14-14427 (decided November 4, 2015), the United States Court of Appeals for the Eleventh Circuit addressed an interesting issue involving the application of the First Amendment to commercial speech.
    United StatesLitigation, Mediation & Arbitration
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Recent Cases Emphasize Clickwrap Basics

    Following close on the heels of Savetsky, the U.S. District Court for the Central District of California in Friedman et al. v. Guthy-Renker, LLC, Case No. 2:14-CV-06009-ODW (C.D. Cal. Feb. 27, 2015), reached a similar result.
    United StatesMedia, Telecoms, IT, Entertainment
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    2015 Verizon Data Breach Investigations Report Released

    Earlier this week, Verizon released its annual Data Breach Investigations Report for 2015.
    United StatesPrivacy
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Disappearing Data: WHOIS Blackout Will Likely Start May 25, 2018

    WHOIS, a protocol used to query databases for domain name ownership information, will likely be widely unavailable while the Internet Corporation for Assigned Names and Numbers (ICANN) ...
    United StatesPrivacy
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Common Charges In Mixed-Use Condominiums

    Condominium boards that operate buildings with both commercial and residential units frequently ask us for assistance in disputes involving the calculation of common charges.
    United StatesReal Estate and Construction
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Common Charges In Mixed Use Condominiums

    Condominium boards that operate buildings with both commercial and residential units frequently ask us for assistance in disputes involving the calculation of common charges.
    United StatesReal Estate and Construction
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Lawmakers Target Co-Op Boards (Again)

    The New York City Council is considering two bills that, if enacted into law, would substantially restrict the right of cooperatives to decline approval of purchase applications ...
    United StatesReal Estate and Construction
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Managing Construction Disputes And Contracts In The Aftermath Of Severe Weather

    As Hurricane Helene makes landfall in the Southeastern United States, contractors will be halting work on projects throughout the region while awaiting the passage of the severe weather event.
    United StatesReal Estate and Construction
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    More On Second-Hand Smoke

    There was a collective sigh of relief last week when the Appellate Division, First Department – the New York appellate court whose jurisdiction includes Manhattan and the Bronx
    United StatesReal Estate and Construction
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    SGR To Co-Sponsor New "DRIVE" Innovation Hub In Tel Aviv

    SGR is pleased to be a co-sponsor of a new innovation center in Tel Aviv, Israel called DRIVE. DRIVE was founded by the Mayer Group, an Israeli automobile importer, in partnership with Honda Silicon Valley Lab,
    United StatesStrategy
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Call To Action: Proposed Regulations May Limit Valuation Discounts

    The IRS published proposed regulations that will severely limit valuation discounts on the transfer of ownership interests to family members in family-controlled entities.
    United StatesTax
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    IRS Issues Final Regulations Eliminating Need To File Section 83(b) Election With Returns

    On July 26, 2016, the IRS issued final regulations under Section 83 of the Internal Revenue Code of 1986...
    United StatesTax
    Smith Gambrell & Russell
    Smith Gambrell & Russell

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