By Eugene G. Bernardo II and David M. DiSegna House Bill 3967, titled the “Municipal Bond Market Support Act of 2019”, was introduced by Alabama Representative Terri Sewell and New York Representative Tom Reed with the purpose of increasing the amount of tax-exempt bonds that may be issued as bank qualified obligations. According to their...
Tom Brady may be the greatest NFL quarterback of all time. But his efforts to register a TOM TERRIFIC trademark for T-shirts and posters and sporting cards have been thrown for a loss at the hands of the U.S. Patent and Trademark Office (USPTO). The applications serve as a reminder that U.S. trademark law does...
By Brian Reilly and Colin Coleman When starting a company, founders are immediately faced with a series of decisions, many of which will have long-lasting impacts that may not become apparent for months or years. Founders need to decide in which state to form their business entity, the type of business entity, and the specific...
USPTO Requires Non-US Trademark Applicants to Retain US-Licensed Attorneys The U.S. Patent and Trademark Office (USPTO) has announced new rules that went into effect 3 August 2019. Under the new rules, all filings, including new applications and renewal applications, filed by a person or entity not domiciled in the U.S. must be filed by an attorney licensed to practice...
By Alicia J. Samolis On July 15, 2019, Rhode Island’s Governor signed into law the Rhode Island Noncompetition Agreement Act (the “Act”), limiting the enforceability of restrictive covenants with certain employees. Its limited applicability largely makes the law irrelevant, with a handful of critical exceptions. Unlike the Massachusetts law, there is no grandfathering provision – meaning agreements...
By John E. Ottaviani One of the most common reasons U.S. trademark applications receive Office Actions is that the identification of goods and services covered by the application is indefinite or too broad. The U.S. Patent and Trademark Office (USPTO) requires that the identification of products and services be very specific. This practice is different...
By Alicia J. Samolis & Geri Rosman 1. MEDICAL AND RECREATIONAL MARIJUANA IN THE WORKPLACE. Employers in the Northeast are faced with mounting questions arising from the legalization of medical and recreational marijuana. One challenge is handling compliance with drug-free workplace requirements associated with federal funding or contracts without discriminating against employees. Another involves the potential...
By Colin Coleman and Jeff Sarasohn During Fall 2018, the Boston City Council approved, and Mayor Marty Walsh signed into law, a new City of Boston ordinance regarding Lobbyist Registration and Reporting Requirements (the “Lobbyist Ordinance”). The first periodic disclosure statement under the Lobbyist Ordinance must be submitted no later than July 20, 2019. This...
By Colin Coleman and Brian Reilly Too many closely-held businesses suffer from poorly drafted operating or shareholder agreements, or have no written agreements in place at all. Without good documentation, there is no road map to guide the partners when the going gets tough. And, when the going gets tough, the tough often hire lawyers....
In a 6-3 decision in Iancu v. Brunetti, the U.S. Supreme Court has declared a provision of the federal trademark law unconstitutional and in violation of the First Amendment protection of free speech. The provision in question permits the U.S. Patent and Trademark Office (USPTO) to refuse to register trademarks that consist of or comprise “immoral”...
