Articles

09.15.16

Tenth Circuit: Color + Pattern = Trademark Protection

In the context of product packaging, color can only be distinctive for trademark purposes when combined with a shape, pattern, or design, the Tenth Circuit U.S. Court of Appeals has ruled when holding that on its own, a color scheme is not "inherently distinctive" enough for legal ...


09.13.16

WADA Is "Broken" and Should Be Replaced

One sure way to tell the weakness of an organization is to see what its supporters are saying about it. By that standard, the World Anti-Doping Agency (WADA) is very weak indeed.For example, although WADA is half funded by the International Olympic Committee (IOC), 84 out of 85 IOC members in ...


09.09.16

Environmental Justice Takes Center Stage in Climate Change Legislation

In the final weeks of this year’s legislative session, the California Legislature struck far-reaching agreements on climate-change legislation at a time when it wasn’t clear that the political will existed for such a deal.The Legislature first passed a pair of measures that would extend ...


09.08.16

The Federal Circuit Allows Petitioners to Submit New Evidence After the Start of an Inter Partes ...

In June the U.S. Court of Appeals for the Federal Circuit rejected Genzyme Therapeutics Products’ argument that the Patent Trial and Appeal Board’s (PTAB) decision to invalidate two patents for the treatment of a rare genetic muscle condition violated the Administrative Procedure ...


09.08.16

Jury Should Decide Validity of Mental Fitness Exam Request

Why it matters Whether the employer's requirement that an employee undertake a mental fitness exam violated the Fair Employment and Housing Act (FEHA) should be decided by a jury, a California federal court has ruled. Several workers complained to the human resources department at a university ...


09.08.16

Ninth Circuit Sides With NLRB on Class Waivers

Why it matters Siding with the National Labor Relations Board (NLRB), the Ninth Circuit Court of Appeals pushed the question of whether it violates the National Labor Relations Act (NLRA) to require employees to sign agreements precluding them from bringing concerted legal claims in any forum one ...


09.08.16

Judge Puts the Brakes on Uber's $100M Settlement

Why it matters The parties in the putative class action alleging that Uber drivers are employees and not independent contractors are back to square one after the judge overseeing the litigation refused to sign off on the proposed $100 million settlement. Just prior to trial, the parties reached a ...


09.08.16

Arbitration Agreement Not Binding, California Appellate Panel Affirms

Why it matters A California appellate court recently provided employers with a lesson in how not to structure an arbitration agreement in an employee handbook. January Esparza was given a handbook when she began working at Sand & Sea, Inc., that contained an arbitration provision. The handbook ...


09.08.16

Kardashians Accused of Failing to Keep up With FTC Regulations

The Kardashians are making headlines again, this time for allegedly violating the Federal Trade Commission guidelines on endorsements and testimonials in advertising.After reviewing the Instagram accounts of the Kardashian daughters, Truth in Advertising sent a letter to matriarch Kris Jenner and ...


09.04.16

Silence of the Arbitrators: Grounds for Russian Olympic Ban Have Not Yet Been Published

This past July 21 the Court of Arbitration for Sport, a/k/a the Supreme Court of Sport, issued an important media release: “The Court of Arbitration for Sport Rejects the claims/appeal of the Russian Olympic Committee and of 68 Russian Athletes.” The full arbitral award, which includes ...