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05.07.20
Trademark Owners Secure Key Victory in U.S. Supreme Court
By Procopio Partner Lisel M. Ferguson and Associate Tiffany Salayer Can a trademark owner suffering infringement win an award for profits even if the infringer is not found to have done so willfully? The answer is now a definitive yes thanks to a recent U.S. Supreme Court decision. Specifically, the High Court distinguished an award for profits under the Lanham Act provisions governing trademark violations, section 1125(a), and dilution (section 1125(c)). In Romag Fasteners, Inc. v. F...
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05.07.20
PODCAST: COVID-19 and the Workplace
In this episode of our podcast series Procopio Perspectives, Procopio Partner Tyler M. Paetkau and Senior Associate Olga Savage discuss what you need to know about COVID-19 and the workplace. Topics include: Layoffs and Furloughs Remote Work Leaves of Absence Workplace Safety and Sanitation Resources Please visit our Simplecast channel, where you can play or download the episode or subscribe through Apple, Spotify or Google. ...
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05.04.20
USPTO Further Extends Certain Patent Filing Deadlines
By Procopio Partner Bob Ramos The Director of the U.S. Patent and Trademark Office (USPTO) indicated that because “[i]nnovation and entrepreneurship will play a key role in our fight against this pandemic, and in the upcoming recovery of our country…the USPTO continues to assess measures to support the work of inventors and entrepreneurs during this crisis and beyond.” Accordingly, the Director has further extended several patent-related deadlines that would have been, or would be, ...
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04.29.20
CARES Act and New Court Rules Impose Further Restrictions on Evictions
By Procopio Associate Sara G. Neva and Partner Robert J. Brown Commercial and residential landlords should be aware that both a new federal law addressing the economic impact of COVID-19, as well as new emergency court rules, have imposed new restrictions on their operations. Two sections of the Coronavirus Aid, Relief, and Economic Security (CARES) Act signed into law on March 27, 2020, are of particular importance. Section 4024 of the CARES Act establishes a 120 day moratorium on ev...
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04.29.20
Proposed California Legislation Seeks to Expand Eviction Protections Including Rent Reduction
By Procopio Associate Sara G. Neva and Partner Robert J. Brown The California Legislature is currently considering two COVID-19 response bills aimed at protecting both residential and commercial tenants regarding evictions, foreclosures and unlawful detainer actions. If signed into law, both bills would take effect immediately. While their ultimate fate is uncertain, it’s important for landlords to consider now how they might manage should one or both become law. Senate Bill 939 ...
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04.28.20
Considerations for Angel and VC Funded Startups and Emerging Growth Companies Considering a Loan under the Paycheck Protection Program
By Procopio Partner Roger Rappoport and Associate Yeshaya Larkin, with peer review by Partner Paul Johnson What are the eligibility criteria most likely to be of concern to emerging growth companies funded by angel or institutional investors considering funding from the Paycheck Protection Program (“PPP”)? As entrepreneurs look to weather the economic disruption caused by the COVID-19 pandemic, we address this key question and many others in this overview of one of the most significan...
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04.28.20
New U.S. Rules Limit Exports to China and Other Countries
By Procopio Senior Associate Michael Jones The U.S. government has issued two new export control restrictions and has proposed another one as well, all affecting exports to Group D countries including China, Russia and Venezuela. More specifically, the two new final rules from the U.S. Bureau of Industry and Security (BIS) were issued on April 28, 2020, and go into effect June 29, 2020; the proposed rule is open for comment until June 29 as well. Exporters should consider the follow...
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04.27.20
Avoiding Litigation While Resolving Disputes: Commercial Contract Challenges During COVID-19
By Procopio Partners Robert H. Sloss, Mindy M. Morton, and Edward C. Walton Lawyers, like everyone else, are scrambling to identify potential problems and craft possible solutions for the COVID-19 virus’ far-reaching impact on businesses and financial markets. Small and large companies are being forced to deal with substantial catastrophes they never expected to encounter, including: large-scale cancellations or postponements of orders; disruptions to key supply chains; ...
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04.27.20
USPTO Targets Fraud Through Trademark Rule Changes
By Procopio Partner Lisel M. Ferguson and Associate Neil A. Salyards In an effort to prevent fraudulent filings, the U.S. Patent and Trademark Office (USPTO) has instituted several changes to its trademark application, maintenance, and enforcement procedures that are worth noting for trademark applicants and practitioners both in the U.S. and abroad. The USPTO is now requiring electronically filed trademark applications using the USPTO’s Trademark Electronic Application System (TEAS...
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04.23.20
Recent Court Decision Affects Enforceability of Pay-When-Paid Clauses
By Procopio Partner Mary A. Salamone Construction contracts are exchanged so routinely that it is not uncommon for contractors to give the documents a quick glance or not even read them altogether before signing. Even when a contractor examines a contract thoroughly, legal terminology with profound impact may be overlooked. Since it is rarely feasible to have an attorney read every contract, the best course of action for contractors to avoid risk is to understand some of the key things to...
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