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  • Article

    Judicial Estoppel Will Not Automatically Preclude A Lawsuit Omitted From Bankruptcy Schedules

    Courts regularly apply the equitable doctrine of judicial estoppel to justify the dismissal of a lawsuit brought by a person that had filed for bankruptcy.
    United StatesInsolvency/Bankruptcy/Re-Structuring
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Border Protection For U.S. Intellectual Property

    While the country is embroiled in heated political debate involving immigration and the appropriate means by which to protect U.S. borders, few if any disagree that many U.S. intellectual property owners are being...
    United StatesIntellectual Property
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Brunetti And The Tests Of Tam.

    On Monday, April 15, 2019 arguments in the Brunetti case [Iancu v. Brunetti, No. 18-302] will be heard at the United States Supreme Court.
    United StatesIntellectual Property
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    CBP: Final Rule Regarding Disclosure Of Information For Certain Intellectual Property Rights Enforced At The Border

    On September 18, 2015, US Customs and Border Protection published a final rule regarding the disclosure of information about goods suspected to bear counterfeit trademarks or trade names.
    United StatesIntellectual Property
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Copyright In The Digital Age

    The economic impact of the copyright industries translates to trillions of dollars for the United States.
    United StatesIntellectual Property
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Copyright Infringement – ‘Access’ And Probative Similarity

    Kelly Wilson filed a lawsuit against Disney in March 2014 claiming that a marketing trailer for "Frozen" directly infringed her copyrighted short film, The Snowman.
    United StatesIntellectual Property
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    DOT.Bank — The New Internet Place For The Global Banking Community

    In the past couple of years, ICANN, the international organization responsible for the management and oversight of the Internet, has approved the release of hundreds of new Top Level Domains – including .BANK.
    United StatesIntellectual Property
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Federal Circuit Declines To Give Deference To The USPTO

    More patents directed to diagnostic methods were found to be invalid as directed to ineligible subject matter in Cleveland Clinic Foundation v. True Health Diagnostics, LLC, Case No. 2018-1218
    United StatesIntellectual Property
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    New Requirements: Foreign Trademark Applicants And Registrants Must Use U.S. Licensed Attorneys

    Effective August 3, 2019, the U.S. Patent and Trademark Office ("PTO") will require trademark applicants, registrants, or parties to a proceeding before the Trademark Trial.
    United StatesIntellectual Property
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Supreme Court Clarifies The Meaning Of The Patent Venue Statute

    On May 22, 2017 the U.S. Supreme Court issued its unanimous decision in TC Heartland, LLC v. Kraft Foods Group Brands, LLC.
    United StatesIntellectual Property
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    The "Right" To Challenge A Patent

    The Supreme Court in Lear, Inc. v. Adkins (1969) held that a licensee can challenge a patent's validity — overruling the prior presumption of licensee estoppel found by Automatic Radio Mfg. v. Hazeltine Research (1950).
    United StatesIntellectual Property
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Another Tool To Fight Frivolous Litigation

    In Showan v. Pressdee, Case No. 17-15547 (decided April 29, 2019), the United States Court of Appeals for the Eleventh Circuit held that litigants in federal court cases governed by Georgia law
    United StatesLitigation, Mediation & Arbitration
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Georgia (For Now) Resists The Latest Trend In Personal Jurisdiction

    In recent years, the United States Supreme Court has taken steps to limit the jurisdictional reach of state courts. For now, the Georgia courts are resisting that trend.
    United StatesLitigation, Mediation & Arbitration
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    National Grange Victorious In Vacating Satisfaction Of Judgment

    On April 17, 2018, the Eastern District of California set aside a partial satisfaction of judgment at the request of client the National Grange of the Order of Patrons of Husbandry when it came to light that an...
    United StatesLitigation, Mediation & Arbitration
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Data Breaches And Standing

    In Collins v. Athens Orthopedic Clinic, Case No. A18A0296 (decided June 27, 2018), the Georgia Court of Appeals addressed the issue of whether an individual whose personally-identifiable information...
    United StatesPrivacy
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Employer Protection Of Personal Health Information Related To COVID-19 Pandemic

    On Friday, March 13, 2020, President Trump declared a national state of emergency related to the COVID-19 coronavirus pandemic.
    United StatesPrivacy
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    FTC Cautions On Use Of Consumer Data Following Business Acquisitions

    The Federal Trade Commission (FTC) has long been aggressive in holding businesses accountable for the commitments made to consumers in online privacy policies.
    United StatesPrivacy
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    An Agreement To Agree Is NOT Necessarily An Agreement To Agree

    Juvenal Reis (tenant) and J.B. Kaufman Realty Co, LLC (landlord) signed a lease in 2002 for real property in Long Island City. Over the years, Reis and Kaufman executed various letter agreements...
    United StatesReal Estate and Construction
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Cooperative Transfers To Family Members

    The New York Court of Appeals recently issued its decision in the case of Del Terzo v. 33 Fifth Avenue, which had been moving through the New York courts for four and half years.
    United StatesReal Estate and Construction
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    Pix Of House From Google Street Dispositive: Resolve Dispute Between Chauncey St. Neighbors

    Neighbors regularly and routinely litigate disputes over fallen trees and branches. A recent case had a twist: the dispositive proof was photographed from Google Maps.
    United StatesReal Estate and Construction
    Smith Gambrell & Russell
    Smith Gambrell & Russell

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