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Does your Export Plan Take into Consideration Intellectual Property Protection?

Intellectual Property
01/18/2017 - By: E. Martín Enriquez

Deciding when to take a product or service to a foreign market is a difficult decision.  The perceived opportunities presented by the latest hot market can be tempting for a company wanting to grow.  However, exporting is not without risks and challenges.  Many companies expand too early without an adequate export plan that identifies the […]

Why Your “Mundane” Online Promotion May Have Not so Mundane Gambling Consequences (Part II)

Intellectual Property
01/10/2017 - By: Karl Rutledge

My previous post provided an overview of gambling concerns associated with a promotion. This post is an extension of that topic and addresses the need for official rules, some of the necessary provisions to include in such rules, and state registration and bonding requirements. Quality official rules are critical for a promotion. At a minimum, […]

Rocky Mountain Region One Step Closer to an RTO?

Energy & Natural Resources
01/06/2017 - By: Thomas Dougherty

On January 6, 2017, following nearly four years of discussions, the entities comprising the Mountain West Transmission Group (MWTG) announced that they are exploring “potential participation with an existing regional transmission organization (RTO).”  As a first step toward possible membership in an RTO, MWTG members announced that they will have further, detailed discussions with the […]

Why Your “Mundane” Online Promotion May Have Not so Mundane Gambling Consequences

Intellectual Property
01/04/2017 - By: Karl Rutledge

“Almost every company offers sweepstakes and contests, what is the concern?” This is the response I get on almost a daily basis when speaking with clients and their marketing departments about a proposed online promotion. Unequivocally, the Internet and social media have become the most efficient mediums operators use in order to disseminate information and […]

FAME: Here today, not tomorrow.

Fashion
01/03/2017 - By: Gary Nelson

Opposer, Fruit of the Loom, Inc., owns numerous trademark registrations for its FRUIT OF THE LOOM trademark for clothing, and specifically for underwear.   Applicants filed a trademark application for BODY FRUIT for several clothing items, including undergarments. Opposer filed a Notice of Opposition and, not surprisingly, convinced the TTAB to sustain the opposition in […]

Adding a House Mark to a secondary brand similar to someone else’s mark can either increase OR decrease likelihood of confusion depending upon the circumstances.

Fashion
12/21/2016 - By: Gary Nelson

Applicant, International Intimates Inc., filed for a trademark application for KISS KISS BY INTERNATIONAL INTIMATES INC. for clothing, including undergarments, lingerie and sleepwear. The application was rejected based on U.S. Trademark Registration No. 3434337 for the mark QISS QISS for clothing, including lingerie and sleepwear.  The TTAB affirmed the refusal. The first argument Applicant lost […]

Liability Waivers for Minors

Sports & Recreation
12/21/2016 - By: Douglas Tumminello

You know the drill – take your child to a birthday party at a trampoline complex, rock climbing gym or parkour center, and sign a release before your child can participate. When your child is injured, is that release enforceable? Are you (or your child) without recourse? As with most things, it depends. “Exculpatory contracts” […]

A Potential Shift in Focus for Arizona’s Renewable Energy Standard

Energy & Natural Resources
12/14/2016 - By: Stanley Lutz

Arizona’s Corporation Commission is considering the modernization and expansion of Arizona’s Renewable Energy Standard and Tariff (Commission Docket No. E-00000Q-16-0289).  The current Chairman of the Commission, Doug Little, has suggested doubling the amount of power that Arizona utilities obtain from renewable sources from 15 percent to 30 percent by 2030.  On December 9, 2016, Commissioner […]

Due Diligence Before Buying That Former Dry-Cleaning Property—EPA Adds Subsurface Intrusion to Superfund Hazard Ranking System

Energy & Natural Resources
12/13/2016 - By: Dietrich Hoefner

Last week, EPA finalized a rule that will allow it to consider subsurface intrusion (most commonly found as “vapor intrusion”) when deciding whether to add a site to the CERCLA National Priorities List (“NPL”).  The addition will enable EPA, using its “Hazard Ranking System,” to directly consider the human exposure to contaminants that enter building […]

Supreme Court Chisels Away Damages for Design Patents

Intellectual Property
12/08/2016 - By: Shane Olafson

Yesterday the Supreme Court tossed out a $400 million award that Apple had won against its smartphone rival Samsung.  The decision was the Court’s first unanimous ruling on design patents in more than a century, and will have broad implications for litigation involving design patents. Prior to this ruling, infringers of a design patent were […]

The 2016 Election Is (Finally) Over. Now What?

Energy & Natural Resources
12/05/2016 - By: Dieter Raemdonck

If you have watched television in the last few week, you may have noticed a pleasant lack of campaign advertisements during your favorite shows.  Whether pleased or disappointed with the outcome, it is time to start thinking about what the 2016 election means for Colorado going forward.  Below, we outline the results of the election […]

A Toe Shoe By Any Other Name

Sports & Recreation
11/30/2016 - By: Emily Bayton

Vibram, a shoe company perhaps best known for its unique split-toe running shoe design, recently prevailed in a trademark and rights of publicity dispute against the heirs of late Ethiopian Olympic marathoner Abebe Bikila related to its use of the BIKILA name in connection with its toe shoe line without obtaining permission from the Bikila […]

Word mark registrations TRUMP stylized versions; and there really are 3 for 1 specials in trademark law for clothing.

Fashion
11/30/2016 - By: Gary Nelson

Applicant applied for the following mark incorporating the stylized letters “DF”: for a variety of clothing items.  The application was refused registration because of the existence of United States Trademark Registration No. 2827030 for the word mark DF, also for a variety of clothing items, with some overlap with the refused application.  The TTAB affirmed […]

A Clean Energy Conundrum

Energy & Natural Resources
11/28/2016 - By: Mark Davidson

A recent New York Times article (“Windmill and Solar Panels, or Nuclear Reactors”, NY Times, 11/14/16) highlights what could be an interesting dilemma for both developing and industrialized nations seeking to de-carbonize in tandem with the Paris Accord. The article describes the tension between the development of concentrated solar power (CSP) and the potential use […]

Federal Court Limits FTC’s Power to Police Data Breaches

Intellectual Property
11/21/2016 - By: Shane Olafson

The Federal Trade Commission (FTC) is the government agency primarily responsible for imposing penalties on companies that fail to protect consumer data.  It does so under Section 5 of the Federal Trade Commission Act, which prohibits “unfair and deceptive acts or practices in or affecting commerce.” This case began in 2008, when someone found a […]

Applicant’s ENDORPHIN HIGH expires when he crashes into existing registration.

Fashion
11/18/2016 - By: Gary Nelson

Applicant filed for a trademark application for ENDORPHINS for “hats; sweatshirts; t-shirts; tank tops.”  (Seriously,…does anyone wear tank tops anymore?) The application was rejected based on U.S. Trademark Registration No. 3927040 for the mark shown below: for a variety of clothing items including hats and t-shirts.  The TTAB affirmed the refusal. While this is a […]

Court Approves Volkswagen Partial Consent Decree: Tribes Entitled to $50 Million for NOx Emission Mitigation

Energy & Natural Resources
11/11/2016 - By: Pilar Thomas

On October 25, 2016, the federal district court in the Northern District of California approved the United States’ Amended Consent Decree to resolve claims against German automaker Volkswagen AG and related entities (VW) and to settle allegations of cheating emissions tests, deceiving customers, and excess nitrous oxides (NOx) emissions from VW and Audi diesel engine […]

Arizona Court of Appeals Permits Utility to Seek Preemption of State Property Taxes on Power Plant Located on Tribal Land

Energy & Natural Resources
11/10/2016 - By: Gregory Harris

On November 3, 2016, the Arizona Court of Appeals allowed South Point Energy Center, LLC (“South Point”) to pursue challenges to the assessment of property taxes for tax years 2010 and 2011 and for 2012 and 2013 on its power plant on the Fort Mojave Indian Reservation.  The appeals court reversed the decision of the […]

Nevadans Overwhelmingly Give First-Round Approval to Deregulating the State’s Power Production

Energy & Natural Resources
11/10/2016 - By: Roman Borisov

The Energy Choice Initiative, State Question No. 3, received close to three quarters of the votes cast on Tuesday.  The question on the ballot read: Shall Article 1 of the Nevada Constitution be amended to require the Legislature to provide by law for the establishment of an open, competitive retail electric energy market that prohibits […]

Court Adopts Patent Analysis in Trademark Cases

Intellectual Property
10/25/2016 - By: Shane Olafson

On October 24, 2016, the U.S. Ninth Circuit Court of Appeals held that the U.S. Supreme Court’s holding in the 2014 patent case Octane Fitness also applies to trademark cases.   As background, Section 285 of the Patent Act authorizes federal courts to award the winner its attorney’s fees in “exceptional cases.”  Prior to Octane […]

Fashion Blog: Industry May be Left Defenseless Against Infringers

Intellectual Property
10/25/2016

Fashion designers could be left defenseless against copycats if the US Supreme Court rules that certain features are not protected under the Copyright Act. The Supreme Court will soon hear oral argument in Varsity Brands, Inc. v. Star Athletica, LLC.  At issue is what, according to Petitioner Star Athletica, LLC, is “the most vexing, unresolved […]

Fashion Industry May be Left Defenseless Against Infringers

Fashion
10/25/2016

Fashion designers could be left defenseless against copycats if the US Supreme Court rules that certain features are not protected under the Copyright Act.  The Supreme Court will soon hear oral argument in Varsity Brands, Inc. v. Star Athletica, LLC.  At issue is what, according to Petitioner Star Athletica, LLC, is “the most vexing, unresolved […]

Western Markets Continue to Get Organized – New Developments

Energy & Natural Resources
10/25/2016 - By: Thomas Dougherty

While recent news stories focus on telecom and entertainment giants AT&T and Time Warner exploring a merger that could reshape their respective industries, electric utilities in the Western United States and Mexico are exploring their own economies and efficiencies that may come from participating in or establishing organized electric and transmission markets. Last week, Mexico’s […]

Deregulate or Re-Regulate, That is the Question

Energy & Natural Resources
10/20/2016 - By: Mark Davidson

Nevada voters will go to the polls November 8 with more than the choice of the country’s next president on their ballot.  A ballot measure supported by the Las Vegas casinos would amend the state constitution to direct the Nevada legislature to create rules enabling the end of monopoly electric utility service.  A second vote […]

Hardrock Mining Financial Assurance Rule Goes to the White House for Review—December 1st Deadline Approaching

Energy & Natural Resources
10/18/2016 - By: Dietrich Hoefner

EPA’s proposed rule for CERCLA financial assurance for hardrock mining went to the White House last week for OMB review as the December 1st publication deadline set by the D.C. Circuit rapidly approaches. Section 108(b) of CERCLA directs EPA to develop requirements that classes of facilities establish and maintain evidence of financial responsibility consistent with the degree and duration […]

Western Electricity Market Watch: CAISO Releases New Draft of Its Proposal for a Western RTO

Energy & Natural Resources
10/13/2016 - By: Dietrich Hoefner

A new draft of the California ISO’s Proposal for “Principles for Governance of a Regional ISO” was released last week on October 7.  The document lays out a vision for expanding CAISO to become a regional RTO encompassing other western states and was accompanied by a Discussion Paper and Draft Proposal on “Potential Topics within […]

California Enacts Legislation to Protect Park Names

Intellectual Property
10/12/2016 - By: Emily Bayton

California recently enacted a bill prohibiting concessionaires from claiming trademark rights in a mark that “incorporates or implies an association with a state park venue, or its historical, cultural, or recreational resources.” The full text of the California Heritage Protection Act, AB 2249, can be found at https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201520160AB2249.  The bill, which goes into effect January […]

Beers in the Backcountry.

Sports & Recreation
10/04/2016 - By: Douglas Tumminello

Readers of National Geographic Magazine were treated this month to an interesting article titled Unplugging the Selfie Generation, about the challenges and rewards of getting young people into our National Parks – what does “back to nature” mean to a generation reportedly more interested in technology than in backcountry hikes.  Upslope Brewing Co., as the […]

California’s Carbon Concern: Leakage from the Imbalance Market

Energy & Natural Resources
09/28/2016 - By: Dietrich Hoefner

As interest in the Western Energy Imbalance Market  (“EIM”) grows, regulators  at the California Air Resources Board (“CARB”) are facing concerns, once again, about carbon leakage from the state’s mandatory cap and trade program under AB 32. In the context of carbon markets, leakage describes the phenomenon in which a local (in this case, California) […]

BLM Increases Mineral Cost Recovery Fees

Energy & Natural Resources
09/23/2016 - By: Carla Consoli

If you operate on lands managed by the Bureau of Land Management (BLM) or anticipate doing so in the future, please note that some of the BLM fees are increasing.  Beginning on October 1, 2016, BLM plans to implement a new fee schedule to recover costs resulting from processing actions such as lease applications, name […]