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This is the eleventh edition of the Eversheds Sutherland SALT Scoreboard, and the third edition of 2018. Each quarter, we tally the results of what we deem to be significant taxpayer wins and losses and analyze those results. This edition of the SALT...

The New Mexico Court of Appeals upheld the imposition of gross receipts tax on certain trademark-related royalty fees received by an out-of-state corporation pursuant to its franchise agreements with New Mexico businesses. The court examined whether,...

Street Surfing, LLC v. Great American E&S Ins. Co., 2014 U.S. App. LEXIS 21804 (9th Cir. Nov. 14, 2014) , [ enhanced version available to lexis.com subscribers ]. In Street Surfing , the Ninth Circuit affirmed the District Court’s ruling...

North Coast Med., Inc. v. Hartford Fire Ins. Co. , 2014 U.S. Dist. LEXIS 20701 (N.D. Cal. Feb. 17, 2014), [ enhanced version available to lexis.com subscribers ]. In North Coast Medical , the district court held that the insurer had no duty to defend...

By Richard Porotsky, Partner, Dinsmore & Shohl LLP In his article appearing in the November/December 2010 issue of Coverage , Insurance 101—Insights for Young Lawyers: Advertising Injury Coverage for Claims of Intellectual Property Infringement...

The California Supreme Court has issued its decision in the closely watched case of Hartford Casualty Insurance v. Swift Distribution, Inc. , S207172. I reported on the Court of Appeals decision last year on this blog in the post "California Supreme...

Sunbeam Products Inc. v. Chicago American Mfg. ("Sunbeam") upends a long-held, although occasionally challenged, understanding that unlike other nondebtor intellectual property licensees, which receive express safeguards against termination...

Trademark owners must act to avoid adult brands creating .xxx domains and can take advantage of the sunrise phase from September 7 through October 28, 2011. I welcome you to read the Gardere Intellectual Property Alert entitled " Prevent...

I decided to write a blog about how a business owner should go about choosing a name for his or her business, product or service. Branding is very important, and a successful business is one that has a brand that is easily recognizable and unique. I am...

Some brands you just don't copy - not ever. Elvis Presley "the Brand" is one of those. Ubiquitous, well-known, and very valuable, the unlicensed copying of Elvis is like robbing Fort Knox - it's very bold. Recently, Elvis Presley...

By Richard Porotsky, Partner, Dinsmore & Shohl LLP In his article appearing in the November/December 2010 issue of Coverage , Insurance 101—Insights for Young Lawyers: Advertising Injury Coverage for Claims of Intellectual Property Infringement...

As Charlie Sheen travels the country with his "Violent Torpedo of Truth" tour, he may have plans for some legal action, but not as a defendant. Gawker.com reports that Sheen will try to trademark 22 of his famous phrases, including: Tiger...

Is a trade name the same as a trade mark? What is the difference between the two terms? Should I trademark my business name? These are the commonly asked questions that today's post aims to answer. Trade name is the official legal name of your business...

In this Emerging Issues commentary, Andrew Gold, a partner in the Oakland firm of Bogatin, Corman & Gold, discusses a recent federal court case, Crash Dummy Movie, LLC v. Mattel, Inc., 601 F.3d 1387 (Fed. Cir. 2010) . The case deals with common law...

In this Emerging Issues commentary, Andrew Gold, a partner in the Oakland firm of Bogatin, Corman & Gold, discusses a recent federal court case, Crash Dummy Movie, LLC v. Mattel, Inc., 601 F.3d 1387 (Fed. Cir. 2010) . The case deals with common law...