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New U S Trademark Law Alert – Intellectual Property Reforms Tucked Into COVID-19 Relief Package | Hogan Lovells

To embed, copy and paste the code into your website or blog: On December 21, 2020, Congress passed the Consolidated Appropriations Act, 2021 and the act was signed into law on December 27, 2020. But don’t let the bland title fool you. Buried among the government funding and coronavirus relief provisions are significant changes to intellectual property law and practice, touching upon trademarks, copyrights, patents, domain names, false advertising, and more. Owners of these assets and those with an interest in enforcing in these fields must take note of the changes. We focus on the trademark and brand implications of the new law in this article, but please see our companion article here for a summary of the copyright implications.

United statesUs supreme courtUs courtUnited states patent trademark officeConsolidated appropriations actTrademark modernization actLanham actUnited states patentTrademark officeEleventh circuitsTrademark trialAppeal boardFederal circuitPatent trialAppointments clauseஒன்றுபட்டது மாநிலங்களில்

Legal Alert: Supreme Court Hears Oral Arguments in Arthrex | Fish & Richardson

On March 1, the Supreme Court heard arguments in Arthrex, Inc. v. Smith & Nephew, Inc., No. 19-1458. The case presented two questions: (1) whether, for purposes of the Appointments Clause, administrative patent judges (APJs) are principal officers who must be appointed by the President with the Senate’s advice and consent, and (2) whether, if APJs are principal officers, the United States Court of Appeals for the Federal Circuit cured the Appointments Clause defect in the statute by severing the application of 5 U.S.C. § 7513(a), the provision that restricted removal of APJs. Below is a brief summary of some of the high points of the day’s arguments.

United statesMalcolml stewartJustice sotomayorJustice kaganJustice kavanaughJustice barrettJustice alitoJustice robertsMarka perryJeffreya lamkenJustice thomasJustice gorsuchSupreme courtUnited states courtArthrex incSmith nephew inc

NCLA Seeks D C Cir Rehearing to Urge Jurisdiction over Constitutional Claim Against USDA ALJs

Joe Fleming, et al. v. U.S. Department of Agriculture /EIN News/ Washington, D.C., April 01, 2021 (GLOBE NEWSWIRE) A two-judge majority of the U.S. Court of Appeals for the District of Columbia Circuit erred in Fleming v. USDA in February when it refused to address the constitutionality of the multiple layers of for-cause removal protection enjoyed by administrative law judges (ALJs) at the U.S. Department of Agriculture (USDA). The court remanded the issue back to USDA for initial consideration by the very ALJ whose constitutional status is under challenge. That remand not only failed to resolve the structural constitutional problem inherent in the statute but generated a second issue: whether USDA’s permissive claim-processing rules themselves bind Article III courts.

United statesPeggy littleJared mcclainJoe flemingPhilip hamburgerSupreme courtFree enterprise fundv public coUs supreme courtUs department of agricultureCivil liberties allianceUs courtColumbia circuitNew civil liberties allianceFleming petitionersHorse protection actJudge rao

NCLA Seeks D C Cir Rehearing to Urge Jurisdiction over Constitutional Claim Against USDA ALJs

NCLA Seeks D C Cir Rehearing to Urge Jurisdiction over Constitutional Claim Against USDA ALJs
apnews.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from apnews.com Daily Mail and Mail on Sunday newspapers.

United statesJudy pinoPeggy littleJared mcclainPhilip hamburgerSupreme courtUs department of agricultureFree enterprise fundv public coUs supreme courtCivil liberties allianceUs courtColumbia circuitNew civil liberties allianceFleming petitionersHorse protection actJudge rao

Constitutional Problems With the Kentucky Proposal (Supported by Mitch McConnell) to Change the Way U S Senate Vacancies Are Filled

Constitutional Problems With the Kentucky Proposal (Supported by Mitch McConnell) to Change the Way U S Senate Vacancies Are Filled
justia.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from justia.com Daily Mail and Mail on Sunday newspapers.

United statesGeorge haynesUnited states senateSenate minority leader mitch mcconnellUs senatePart oneMinority leader mitch mcconnellSenate billUnited states senatorSeventeenth amendmentTextual argument againstAppointments clauseCabinet secretaryStructural case againstIndiana senator beveridgeUnited states senators