Ruling on burden of proving consumer confusion in trademark infringement [US SC]
KP Permanent Make-up Inc. v. Lasting Impression, United States Supreme Court per Justice Souter, December 8, 2004 [ruling that a company that had used the term "micro color" to describe its cosmetic product did not have the burden of showing...
Supreme Court shifts burden of proving confusion in trademark infringement
The US Supreme Court ruled Wednesday that a company that had used the term "micro color" to describe its cosmetic product did not have the burden of showing that there was no likelihood of consumers confusing that product with...
Environmental brief ~ FWS to create additional Manatee refuge in Florida
In Monday's environmental law news, the Fish and Wildlife Service (FWS) seeks comments on a proposed rule that would establish the Pine Island-Estero Bay Manatee Refuge in Lee County, Florida. The manatee is a protected species under both the...
Corporations & securities brief ~ SEC finalizes hedge fund rule
In Monday's corporations and securities law news, the SEC has released a final rule relating to the registration of hedge fund advisors with the agency by February 1. Critics charge that the SEC does not have the legal authority...
Corporations & securities brief ~ Judge dismisses some civil claims against Qwest
In Thursday's corporations and securities law news, a federal judge ruling in the Qwest investor lawsuit threw out claims against former Qwest president Afshin Mohebbi, former sales executive Gregory Casey, and some claims against the company. The claims arose...
Corporations & securities brief ~ SEC investigates Analog Devices
In Wednesday's corporations and securities law news, the SEC is investigating Analog Devices Inc. over stock option awards given to officers and directors over the past five years. The Boston Business Journal has more.In other news, the SEC has...
Ruling to maintain cap on recoveries for finance charge violations [US SC]
Koons Buick Pontiac GMC, Inc. v. Nigh, Supreme Court of the United States, November 30, 2004 [ruling that the damages cap of $1,000 on recoveries under the Truth in Lending Act (TILA) remained unchanged when Congress changed other TILA terms...
Corporations & securities brief ~ AIG settles with SEC, DOJ
In Tuesday's corporations and securities law news, the SEC announced American International Group Inc. (AIG), the world's largest insurance company, has agreed to pay $126 million to settle charges it helped companies fraudulently inflate earnings. AIG will pay a...
Corporations & securities brief ~ Record labels sue Kazaa for copyright infringements
In Monday's corporations and securities news, several leading record labels, including EMI, Warner, Sony BMG and Universal, are suing Sharman Networks, the firm behind leading file-swapping software Kazaa in an Australian court. Sharman says it has no control over...
Peter Henning, Wayne State University Law School:"Frank Quattrone, former star high tech investment banker at Credit Suisse First Boston (CSFB), was permanently barred from the securities industry and fined $30,000 by the NASD yesterday (Nov. 22). Quattrone was convicted this...
