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The International Trademark Registration Process Stage 1 – Application through your National or Regional IP Office (Office of origin) Before you can file an international application, you need to have already registered, or have filed an application, in your “home” IP office. The registration or application is known as the basic mark. You then need… Read more »

The United States Supreme Court rejected the Federal Circuit’s Seagate test for enhanced damages under 35 USC § 284, in Halo Electronics, Inc. v. Pulse Electronics, Inc. The Court found that both the substantive requirement for “objective recklessness” and the “clear and convincing” burden of proof were inconsistent with the intent of the statute. In… Read more »

Given the evolving nature, increasing frequency, and sophistication of cybersecurity attacks – as well as the potential for harm to investors, firms, and the markets – cybersecurity practices are a key focus for FINRA. FINRA also reviews a firm’s ability to protect the confidentiality, integrity and availability of sensitive customer information. This includes reviewing each… Read more »

The Defend Trade Secrets Act (DTSA) The DTSA authorizes a civil action in federal court for the misappropriation of trade secrets that is related to a product or service used in, or intended for use in, interstate or foreign commerce. Previously, Trade secret claims were under state law, and 48 states adopted some version of… Read more »

Executive Summary  In August 2015 the Financial Crimes Enforcement Network of the US Department of the Treasury (FinCEN) published a proposed rule which would rope in certain investment advisers (“IAs”) into the definition of “financial institution”.  Being subject to the FinCEN definition of “financial institution”, would subject IAs to certain requirements under the anti-money laundering… Read more »