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A federal court in California recently rejected a motion by the San Diego Comic Convention and will hear whether the mark COMIC-CON is generic. 

Background

The San Diego Comic Convention (“SDCC”), a non-profit corporation, has been celebrating comic art, books, and other aspects of popular culture in San Diego since 1970.  The organization’s eponymous “Comic-Con” convention has grown in popularity with attendance exceeding over 135,000 attendees in 2016.   SDCC applied for and obtained a federal trademark registration for the mark COMIC-CON in connection with “education and entertainment services, namely, organizing and conducting conventions in the fields of animation, comic books and popular art.”  However, while SDCC may be the largest gathering of comic fans, it is not the first and certainly not the only entity using the phrase “Comic Con.”

Public Session Date Rescheduled for October 11, 2017

The Surface Transportation Board has set a new date for the public listening session to review CSX Transportation’s rail service problems and recovery plans. The session will take place October 11, 2017, at the Board’s offices in Washington, D.C.  The session will be open for public observation, although anyone wishing to speak must file an intent to participate with the Board no later than September 29, 2017.

Combatting the opioid epidemic in the U.S. is a top priority for federal and state agencies in 2017. On August 10, 2017, President Donald Trump declared the country’s opioid epidemic a national emergency and committed to expending a lot of time, effort and money to combat the crisis. That same day, the U.S. Department of Health and Human Services (HHS) Secretary Tom Price lauded President Trump for directing his Administration to use all appropriate authority in responding to the opioid crisis.

On August 29th, the Office of Information and Regulatory Affairs (OIRA) issued a memo to the Equal Employment Opportunity Commission (EEOC), stating that recent changes to the EEO-1 form were on an immediate hold pending review by the OIRA. The changes the OIRA put on hold were changes implemented to the EEO-1 form on September 29, 2016, under the former administration. 

On August 31, 2017, the U.S. District Court for the Eastern District of Texas issued an Order invalidating the Final Rule of the Department of Labor (DOL) finding that it exceeded the DOL’s authority by failing to implement Congress’s intent under the Fair Labor Standards Act (FLSA).

Posted in Litigation

As lawyers, we spend our days helping people sort through problems. Some of us represent clients charged with misconduct or illegal action, while others perform transactional work, seeking to help clients put their deals together in a way so as to avoid trouble. At times, lawyers find themselves being scrutinized; after all, we are not infallible.

Many employers offer wellness programs with varying degrees of incentives in order to have as many employees participate as possible. There has been an inherent tension between the laudable goals underlying wellness programs and two statutes that protect certain rights that employees have under the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA).

It is no secret, combatting the opioid epidemic in the U.S. is a top priority for federal and state agencies in 2017.  On August 10, 2017, President Trump declared the country’s opioid epidemic a “national emergency” and committed to expending “a lot” of time, effort and money to combat the crisis.  

A federal court in New York recently ruled that Costco Wholesale Corp. (“Costco”) owes Tiffany & Co. approximately $19.4 million dollars for selling diamond rings falsely advertised as “Tiffany” rings.

Posted in Estate Planning

In Heisinger v. Cleary, 150 A.3d 1136 (2016), the Supreme Court of Connecticut upheld the Co-Executors’ engagement of Management Professional Planning, Inc. ("MPI") to appraise the decedent’s stock in a closely held business.

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