On June 27, 2022, the United States Supreme Court granted certiorari to possibly resolve the circuit split concerning the effect closing a bankruptcy sale under 11 U.S.C. § 363 has on appeals involving the sale order. MOAC Holdings LLC v. Transform Holdco LLC, 21-1270 (Sup. Ct.)In MOAC, Mall of America is challenging the bankruptcy court’s decision in the Sears bankruptcy to allow the buyer to…
On June 21, 2022, The Ohio State University (OSU) added to their $12.5 million-dollar annual trademark and licensing portfolio by officially receiving a registered trademark for the word “THE” from the US Patent and Trademark Office (USPTO). This does not mean every commercial use of the word “THE” must be licensed from OSU. Instead, the trademark is limited to “clothing, namely, t-shirts,…
Federal trademark owners can provide added protection for their mark by recording the registration on the Principal Register with U.S. Customs and Border Protection (“CBP”). This cost-effective method helps address infringing products imported into the United States. In 2020, CBP seized 26,503 shipments of counterfeit goods worth more than $1.3 billion. The CBP also arrested 203 individuals,…
The United States Patent and Trademark Office (“USPTO”) announced it will raise most of its trademark filings fees and implement new fees as of January 1, 2021. These higher costs will impact every aspect of trademark prosecution, including appeal, cancellation, and opposition proceedings before the Trademark Trial and Appeal Board. With filing fees increase, trademark owners should review their…
On August 26, 2020, the U.S. Securities and Exchange Commission (SEC) expanded the definition of “accredited investor” to allow persons with certain professional experience to invest in private offerings. The “accredited Investor” definition is one of the main tests for determining who is eligible to participate in a private offering under Rules 506(b) and 506(c) of Regulation D. Before the…
In response to COVID-19, the Securities and Exchange Commission (“SEC”) has taken a variety of actions to assist and advise registered companies. These actions include:
Extending deadlines for the release of annual reports by certain companies
Providing guidance on facilitating shareholder engagement, including through virtual annual meetings
Providing guidance on the proper disclosure of material…
