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Showing 17–21 of 21 results

  • Picking the “right” standard of value in divorce

    November / December 2013
    Newsletter: Viewpoint on Value

    Price: $225.00, Subscriber Price: $157.50

    Word count: 412

    Abstract: In divorce cases that include a private business, the attorney and client need to know how much the interest is worth to equitably distribute marital assets. But a universal standard of value that applies in all divorce cases doesn’t exist. This brief article discusses the most common standards of value in divorce — fair market value and fair value — and notes the differences between the two. The article also stresses the importance of engaging a valuator who is familiar with both relevant state divorce statutes and case law in the particular jurisdiction in order to minimize valuation-related complications.

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  • Giving USA survey – Donors increasing support of nonprofits

    Fall 2011
    Newsletter: Nonprofit Observer

    Price: $225.00, Subscriber Price: $157.50

    Word count: 412

    Abstract: Although the U.S. economy isn’t out of the woods yet, the philanthropic picture is improving. This article summarizes the findings of a report, prepared by Giving USA Foundation and The Center on Philanthropy at Indiana University, showing improvement in giving in the 2008–2010 period. The report’s findings can help organizations set fiscal objectives and target their fundraising efforts.

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  • When patent > trademark

    February / March 2011
    Newsletter: Ideas on Intellectual Property Law

    Price: $225.00, Subscriber Price: $157.50

    Word count: 412

    Abstract: When a manufacturer of round beach towels learned that a distributor was selling similar towels, the owner sued two of the distributor’s retailer customers for unauthorized use of his trademark. On behalf of these customers, the distributor sued the plaintiff to invalidate the mark. The district court ruled in the distributor’s favor, finding that the round beach towel was functional and, therefore, not eligible for trade dress protection. This article explains why the decision was upheld on appeal, and explains that trademark protection is not as strong as patent protection. Jay Franco & Sons, Inc. v. Franek, No. 09-2155, August 11, 2010 (7th Cir.)

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  • Court tackles tricky issue of tacking trademark rights

    February / March 2010
    Newsletter: Ideas on Intellectual Property Law

    Price: $225.00, Subscriber Price: $157.50

    Word count: 412

    Abstract: When trademark rights are contested, a party might turn to “tacking” to establish that it made first use of the mark and thereby has senior rights to that mark. Tacking allows a trademark owner to claim priority in a mark based on the first use date of a similar, but technically distinct, mark. Courts, however, don’t always buy into this strategy; tacking is allowed in only extremely narrow instances. The Ninth U.S. Circuit Court of Appeals recently tackled the tricky issue of tacking in a case involving two similar company logos. One Industries, LLC v. Jim O’Neal Distributing, Inc., No. 08-55316, 2009 (9th Cir.)

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  • 3 tax-related scams and mistakes to avoid

    November / December 2009
    Newsletter: Contractor

    Price: $225.00, Subscriber Price: $157.50

    Word count: 412

    Abstract: Earlier this year, the IRS issued its annual list of common tax scams, covering everything from identity theft traps to serious mistakes taxpayers can make that the IRS may deem to be frivolous tax claims. Three, in particular, involve phishing scams, misuse of trusts, and fraudulent fuel tax credit claims.

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