David W. Phillips

Firm(s):

St. John & Wayne, LLC

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Articles:

Nominative Use Of Mark Allowed

Thursday, June 1, 2006

The Third Circuit has become only the second Circuit Court to recognize the "nominative fair use" doctrine, partially adopting it as an affirmative defense in a trademark infringement action. Century 21 Real Estate Corporation v. LendingTree, Inc. , 425 F.3d 211 (3d Cir. 2005). In 1992, the Ninth Circuit formulated the doctrine in The New Kids on the Block...
Enforcing Arbitration Awards Against Foreign Entities

Tuesday, November 1, 2005

The move toward alternate dispute resolution mechanisms to resolve business disputes is a growing trend likely to continue into the future. In this time of burgeoning global commerce, arbitration awards involving foreign entities are also growing by leaps and bounds. It is important to have a basic understanding of what to do with an award obtained in an...