October 19th, 2016
Get Ready for New Trademark Trial and Appeal Board Rules
The Trademark Trial and Appeal Board (the "Board") has announced a number of changes to the Trademark Rules of Practice, to take effect on January 14, 2017. The new rules will apply to all proceedings that are pending on, or filed after, that date.
The changes aim to provide more efficiency and clarity to Board proceedings by reducing burdens and better reflecting current technology. A full breakdown of the changes can be found here. Among the most notable are:
- Parties are no longer required to serve Notices of Opposition or Petitions to Cancel - the Board will do that electronically once the documents are filed;
- All filings must be made through the Board's electronic filing system, ESTTA, with exceptions permitted only if ESTAA is unavailable or a party experiences extraordinary circumstances;
- Testimony can be submitted by declaration or affidavit, subject to the right to cross-examine;
- All service of documents between parties must be by email. Consequently, the five-day extended response period for physically mailed service will be deleted;
- Requests for documents and admissions are limited to 75 each, and all discovery, including production, must take place during the six-month discovery period (thus, discovery requests must be served early enough to ensure this requirement is met); and
- The Board's standard protective order will be automatically imposed in all inter partes proceedings.
If you have any questions about proceedings before the Trademark Trial and Appeal Board or other trademark and brand management matters, please contact Catherine M.C. Farrelly at (212) 826 5579 or firstname.lastname@example.org, Dorna Mohaghegh at (212) 705 4869 or email@example.com, or any other member of the Frankfurt Kurnit Trademark & Brand Management Group.
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Increases to the New York State minimum hourly wage for non-exempt employees and increases in the minimum salary for exempt administrative and executive employees take effect on December 31, 2019. The required minimum rate and salary depends on the employee’s location and number of employees. Read more.
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How to Comply With New York’s New Harassment Rules That Are Taking Effect Now
Dramatic changes in New York’s sexual harassment laws are effective now, or will go into effect shortly. New York employers will have to adapt and take some important steps to comply. Here’s a summary of what all New York employers need to know. Read more.
November 12 2019
Frankfurt Kurnit’s Second Annual Litigation Ethics Summit - FKKS Ethics Game Show
To cap off the Second Annual Litigation Ethics Summit our panel challenged some brave audience members to participate in a contest of ethical wits. Read more.
October 30 2019