News & Analysis as of

Abandonment

Stange Law Firm, PC

Should no-fault divorce end?

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Many politicians have been paying increasing attention to no-fault divorce. It began in 1969 when then-Governor Ronald Reagan signed it into law in California. Afterward, states across the country started implementing it....more

Smart & Biggar

Relief under Canada’s stringent “due care” standard for missed maintenance fees? Federal Court requires CIPO to consider events...

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In Matco Tools Corporation v Canada (Attorney General), 2025 FC 118 (Matco Tools), the Federal Court found that a decision by the Commissioner of Patents to refuse to reinstate a patent application following the failure to...more

Holland & Hart LLP

"Firing" Patients: Avoiding Patient Abandonment

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Physicians and other healthcare providers often find themselves in situations in which they no longer want to care for a patient. It may be that the patient is disruptive, noncompliant, or is unable or refuses to pay for his...more

Troutman Pepper Locke

D.C. Circuit Upholds FERC Order Requiring Stingray to Restore Service Before Abandoning Damaged Pipeline

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On December 20, 2024, the United States Court of Appeals for the District of Columbia Circuit (“D.C. Circuit”) upheld FERC’s order authorizing Stingray Pipeline Company, L.L.C. (“Stingray”) to abandon a portion of its...more

Frantz Ward LLP

Ohio Supreme Court Hits the Gas on “Direct Causation” Analysis in Temporary Total Disability in AutoZone

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If an employee is unable to work or suffers a wage loss as the direct result of an impairment arising from an injury or occupational disease, the employee is entitled to receive compensation under this section, provided the...more

Dinsmore & Shohl LLP

Supreme Court of Ohio Restores Employer-Friendly Voluntary Abandonment Doctrine in AutoZone Decision

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On November 26, 2024, the Supreme Court of Ohio issued its long-awaited decision in AutoZone Stores, Inc. v Indus. Comm., reversing the Tenth District’s interpretation of R.C. 4123.56(F) and indirectly restoring the...more

Vorys, Sater, Seymour and Pease LLP

Ohio Supreme Court Issues Ruling in Closely Watched Workers’ Compensation Case

The Ohio Supreme Court issued its opinion yesterday (November 26, 2024) in the AutoZone case (State ex rel. AutoZone Stores, Inc. v. Indus. Comm., Slip Opinion No. 2024-Ohio-5519). The decision is favorable to employers who...more

McDermott Will & Emery

Got Pillaged? Not If You Didn’t Follow the APA and FTCA

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The US Court of Appeals for the Federal Circuit affirmed a district court decision dismissing claims under the Administrative Procedure Act (APA) and Federal Tort Claims Act (FTCA) against the US Patent & Trademark Office...more

McDermott Will & Emery

Chickening Out: Reason for Trademark Abandonment Irrelevant Without Proof of Intent to Resume

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The US Court of Appeals for the First Circuit affirmed a district court’s summary judgment decision finding that the prior owner of a trademark for fresh chicken had abandoned the mark by failing to use it for three years and...more

Erise IP

What’s Trending in Trademarks, August 2024: What Constitutes an Abandoned Mark? How Famous is Cognac?

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Every month, Erise’s trademark attorneys review the latest developments at the U.S. Patent and Trademark Office, in the courts, and across the corporate world to bring you the stories that you should know about: Fourth...more

Fleurinord Law PLLC

The Tragic Death of Migos Rapper Takeoff: A Wake-Up Call for Young Adults to Plan Their Estates

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The untimely death of rapper Takeoff, a member of the Grammy-nominated hip-hop trio Migos—also consisting of rappers Quavo and Offset—left fans, family, and the music industry in shock. Born Kirshnik Khari Ball, Takeoff’s...more

Dechert LLP

DAMITT Q2 2024: Abandonments Dominate the Podium in Merger Enforcement

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The U.S. agencies concluded 11 significant merger investigations in the first half of 2024—just one shy of the total concluded in all of 2023. Activity has picked up considerably since last year but is still below the...more

Bennett Jones LLP

Supreme Court of Canada Dismisses Leave-on-Leave in Mantle Materials Group: The Priority of Environmental Obligations Extends...

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In late May, the Supreme Court of Canada (the SCC) denied an application for leave to appeal a decision of the Court of Appeal of Alberta (the ABCA), which, in turn, had denied leave to appeal of the decision of the Court of...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® – April 2024: Trademarks are for Parents, Not Children

Children are all too familiar with parents telling them that everything they own is actually mom and dads. And as frustrating as this is to hear as a child, a recent opinion from the U.S. Patent and Trademark Office’s...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® – April 2024

Welcome to the April 2024 issue of Sterne Kessler’s MarkIt to Market® newsletter. This month, we discuss why it’s important for businesses to think critically about who they are listing as their trademark owners, how the TTAB...more

Constangy, Brooks, Smith & Prophete, LLP

Employer “waived” bye-bye to arbitration after litigating for 7 months

A federal appeals court recently refused to let a mortgage broker send its former employee’s disability discrimination lawsuit to arbitration, stating the company waived its right to arbitration when it actively participated...more

DarrowEverett LLP

Lessons From the License to Drive (and Protect) Sports Illustrated

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For years, Sports Illustrated (SI) has provided exclusive, in-depth looks into some of sports’ greatest games and players, with its voice and visuals providing great entertainment and information for sports fans around the...more

WilmerHale

Federal Circuit Patent Watch: Prosecuting Attorney’s Knowledge of Abandonment Does Not Mean Patentee's Abandonment is Intentional

WilmerHale on

Precedential and Key Federal Circuit Opinions - 1.  FRESHUB, INC. v. AMAZON.COM, INC. [OPINION] (2022-1391, 2/26/2024) (Reyna, Taranto, and Chen) - Taranto, J. The Court affirmed the District Court’s decision 1)...more

Porter Hedges LLP

Key Considerations to Perfect Performance Bond Claims in Texas

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Perfecting a performance bond claim in Texas requires careful attention to legal requirements and procedural details set forth on the face of the bond and under Texas law. Perfection of a performance bond claim is often...more

Cozen O'Connor

Post-Abandonment Practice and Avoiding Inequitable Conduct

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Patent prosecution costs can weigh heavily on cash-strapped clients, who may still face USPTO rejections after spending significant money. Unfortunately (and often), cash-strapped clients are not responsive. And to be fair,...more

Frantz Ward LLP

The Voluntary Abandonment Defense: A Ghost of Christmas Past?

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s an update to our prior client alert addressing the enactment of R.C. §4123.56(F), there has been a recent decision in State ex rel. Butler v. Indus. Comm., 10th Dist. Franklin No. 22AP-274, 2023-Ohio-3774 holding that a...more

Morgan Lewis

What to Know About Environmental Liabilities in Bankruptcy

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One of the primary goals of bankruptcy law is to provide debtors with a fresh start by imposing an automatic stay and allowing for claims of reorganizing debtors to be discharged. In environmental law, a primary goal is to...more

Vondran Legal

Proper grounds to cancel another companies trademark

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In business, trademarks are everything. It's how consumers come to know, love and trust your brand. It's a valuable corporate asset, and many disputes can arise of name rights with the explosion of e-commerce and the...more

Carlton Fields

Don’t Abandon All Hope on Appeal

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It is crucial for an appellant drafting an initial brief to adequately identify and describe all claims and issues the appellant intends to raise for appellate review. Apart from the obvious advantage of providing as much...more

Kerr Russell

Is This Patient Abandonment? Two Scenarios

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Question: Due to a staffing shortage at my office, I have been forced to make some difficult choices. For example, I have had some patients who were seen previously only for an emergency visit. They had no regular dentist and...more

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