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Package it up – Bakery’s trade dress claim falls
August / September 2022
Newsletter: Ideas on Intellectual Property Law
Price: $225.00, Subscriber Price: $157.50
Word count: 515
Abstract: When designing product packaging, companies generally want it to clearly identify their products. In Bimbo Bakeries USA, Inc. v. Sycamore, the U.S. Court of Appeals for the Tenth Circuit has ruled that a baking company’s trade dress used elements so customary in the industry that it was generic and not subject to trademark protection under the federal trademark law known as the Lanham Act. This articles summarizes the court’s findings. Bimbo Bakeries USA, Inc. v. Sycamore, No. 18-4062, -4031, -4040 (10th Cir. March 18, 2022).
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All tied up – Court splits over trade dress, trademark claims
October / November 2018
Newsletter: Ideas on Intellectual Property Law
Price: $225.00, Subscriber Price: $157.50
Word count: 515
Abstract: In 2013, the Ninth Circuit Court of Appeals ruled that a trademark holder seeking a preliminary injunction after filing suit against an alleged infringer must establish the likelihood of irreparable harm, rather than relying on a presumption of harm. Not until this year, though, has the court elaborated on the kind of proof required. This article reviews the court’s recent ruling and sheds light on what does — and doesn’t — demonstrate irreparable harm. adidas America, Inc. v. Skechers USA, Inc., No. 16-35204, May 10, 2018, 9th Cir.
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Remember the BAA when working on public projects
Spring 2018
Newsletter: On-Site
Price: $225.00, Subscriber Price: $157.50
Word count: 515
Abstract: Although the Buy American Act is hardly new, a presidential executive order issued in April 2017 has placed the law top of mind for contractors involved in public projects. And with a federal infrastructure bill possibly on the way, more contractors may be soon subject to the law. This article describes the act, along with its waiver process and potential consequences for noncompliance.
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Wills and living trusts: Estate planning imperatives
Fall 2017
Newsletter: Business Matters
Price: $225.00, Subscriber Price: $157.50
Word count: 515
Abstract: A well-crafted, up-to-date estate plan is an imperative for everyone. It can truly help ease the burdens on your family during a difficult time. This article looks at wills, living trusts and other important documents.
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Wills and living trusts: Estate planning imperatives
October 2017
Newsletter: Tax & Business Alert
Price: $225.00, Subscriber Price: $157.50
Word count: 515
Abstract: A well-crafted, up-to-date estate plan is an imperative for everyone. It can truly help ease the burdens on your family during a difficult time. This article looks at wills, living trusts and other important documents.
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What’s the best insurance coverage for your practice?
Winter 2017
Newsletter: Rx for Practice Management / Practice Management Advisor
Price: $225.00, Subscriber Price: $157.50
Word count: 515
Abstract: All medical practices carry insurance policies to protect them against risk — especially medical malpractice insurance coverage. But this isn’t the only type of insurance many practices need. This article explains several other policies a medical practice should consider taking on, and warns of the potential risk if insurance policies haven’t evolved with the business.
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Taxability of rewards programs
January 2015
Newsletter: Tax & Business Alert
Price: $225.00, Subscriber Price: $157.50
Word count: 515
Abstract: The IRS has long held that it won’t assert that someone has taxable income merely because they personally benefited from frequent flyer miles or other in-kind promotional benefits resulting from their business or official travel. But what if the miles are an award for opening a bank account? This article describes a Tax Court case in which the taxpayer discovered that the reason for being awarded benefits is significant.
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LEED: Redefined
May / June 2014
Newsletter: Contractor
Price: $225.00, Subscriber Price: $157.50
Word count: 515
Abstract: The U.S. Green Building Council (USGBC) recently released the fourth generation of its renowned energy efficient building design. The updated framework dramatically expands the types of structures that may qualify for Leadership in Energy and Environmental Design (LEED) certification and includes a comprehensive suite of Web-enabled project management and assessment tools for contractors. This article takes a closer look at “LEED v4.”
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How accurate are corporate earnings reports?
May / June 2013
Newsletter: Advocate's Edge / Litigation Support
Price: $225.00, Subscriber Price: $157.50
Word count: 515
Abstract: This article reviews a recent academic research report that provides valuable insight into earnings manipulations. Such manipulations potentially could affect damages calculations and other legal matters. The report explains what constitutes high-quality earnings and notes red flags that can help detect earnings misrepresentations.
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What’s the value of intellectual property?
March / April 2012
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 515
Abstract: A valuator’s conclusions depend on many factors, but these are particularly complex for intellectual property (IP) valuations. This article explains that the valuator must know what type of interest is being valued, and whether it’s being valued on a stand-alone basis or as part of an aggregation of assets. An IP asset’s value is also heavily influenced by its remaining useful life.
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Practical Perspectives: Key financial issues for you and your family – Newlyweds get up to speed on life insurance
April / May 2011
Newsletter: Trendlines
Price: $225.00, Subscriber Price: $157.50
Word count: 515
Abstract: “Practical Perspectives” in this issue takes a look at Brent and Angela, a newlywed couple who wisely decide to plan for the future. They’ve heard the words “term” and “whole life” (or “permanent”) used in relation to life insurance. But the particulars escaped them. Their financial advisor explains the differences in policies and what the couple should consider in making their choice.
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Looks are everything when it comes to design patents
August / September 2010
Newsletter: Ideas on Intellectual Property Law
Price: $225.00, Subscriber Price: $157.50
Word count: 515
Abstract: In the world of design patents, looks trump all. That’s because a design patent protects only an article’s ornamental aspects — not its functional aspects. In one case involving carpentry tools, the Federal Circuit offered a reminder that this limited scope of protection can undermine a patent owner’s infringement claims against even extremely similar products.
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A blended family requires smart estate planning
January / February 2010
Newsletter: Estate Planner
Price: $225.00, Subscriber Price: $157.50
Word count: 515
Abstract: If a person is married and has children from a previous marriage plus children or stepchildren from his or her current marriage, that family is considered a blended family. For those who wish to pass their wealth on to all of their biological children but also provide for their spouse and perhaps any stepchildren, estate planning can get tricky. Two estate planning strategies to consider involve a qualified terminable interest property (QTIP) trust and an irrevocable life insurance trust (ILIT).
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Incentivizing the CMS quality health care reporting measures
Winter 2010
Newsletter: Vital Signs
Price: $225.00, Subscriber Price: $157.50
Word count: 515
Abstract: There have been marked improvements to the Physician Quality Reporting Initiative (PQRI). The CMS Web site provides program guides on topics such as eligibility, measures and reporting mechanisms in understandable terms. Now is the time to start reviewing the information for the 2010 program year. There are four specific steps a practice can take to get started.
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Taxing matters – You could owe taxes in another state — and not know it
Winter 2009
Newsletter: Management & Tax Concepts
Price: $225.00, Subscriber Price: $157.50
Word count: 515
Abstract: Does your company own or lease property outside of its home state? Does it conduct sales or operations in more than one state? Do members of your staff live in a state different from the one in which they work? If you answered “yes” to any of these questions, you could owe taxes in more than one jurisdiction. This article explains the issue of “nexus” and how you can reduce your tax exposure in the states in which you do business.
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No business plan? It’s never too late
Fall 2008
Newsletter: Manufacturer
Price: $225.00, Subscriber Price: $157.50
Word count: 515
Abstract: The biggest mistake any manufacturer can make with a business plan is not to have one. Even if a company isn’t seeking a loan or outside investors, a well-developed business plan is — or should be — a guide to the future. This article details what a solid business plan should cover. (Updated: 9/27/12)