When properties are closed for renovations or conversions, employers must take special care in dealing with workforce issues, particularly if the property’s workforce is unionized. The following discussion points may help hotel owners and their labor counsel to set the optimum strategy for their property. What kind of property will the hotel become upon its […]
Ask the Hotel LawyerTM is a regular column that provides practical insight into timely legal issues. In the last column, Jim Butler addressed the complex issue of "condo hotel splits." In this column, he will share lessons learned at the Condo Hotel Boot Camp session of The Hotel Developers Conference(tm) sponsored by JMBM’s Global Hospitality […]
The U.S. Copyright Office has published an interim regulation governing the preregistration of unpublished works being prepared for commercial distribution in classes of works that the Register of Copyrights has determined have had a history of prerelease infringement. Preregistration is a new procedure in the Copyright Office to serve as a placeholder for limited purposes, […]
In places like Canal Street in New York City, where peddlers sell their wares from racks and stalls that can be packed up and moved quickly, trading in counterfeit handbags, watches, compact discs and DVDs is commonplace. In such environments, the peddlers often change and move from place to place, frustrating the enforcement efforts of […]
The U.S. Supreme Court recently held that a patent owner is presumed not to have market power for purposes of the federal antitrust laws. In Illinois Tool Works Inc. v. Independent Ink, Inc., the Supreme Court held that courts may no longer presume that a patent owner accused of an unlawful tying arrangement has market […]
The duty of disclosure for patent applicants in Japan differs from the U.S. requirement. In Japan, it is not necessary to submit known prior art. In applications whose filing dates are before Sept. 1, 2002, applicable Japanese law does not require the submission of any prior art, since there is no duty of candor in […]
In August 2005, President Bush signed the Dominican Republic-Central America Free Trade Agreement (DR-CAFTA) into law. The other member countries, Guatemala, Honduras, El Salvador and Nicaragua, have approved the DR-CAFTA, and the treaty is awaiting approval by the parliament of Costa Rica. The DRCAFTA covers many issues including agriculture, investment, trade in services, the environment […]
U.S. District Court in Ohio recently found that use of a competitor’s mark as a metatag on a Web site creates “initial interest confusion,” thereby subjecting the defendant to liability for the metatag use. In Tdata v. Aircraft Technical Publishers, use of ATP’s trademark in metatag data in software developed by Tdata that draws potential […]
In the fourth quarter of 2005, the Department of Intellectual Property in Thailand implemented new regulations for recording well-known marks. According to the regulations, a well-known mark can be recorded if it meets all of the following criteria: it is a trademark, service mark, certification mark, collective mark or a mark used in respect of […]
JMBM hotel labor lawyer Marta Fernandez writes about The Hotel Group’s successful attempt to hire the workforce of their choice upon re-opening a renovated hotel. Ms. Fernandez represented The Hotel Group before the NLRB. As the demand for hotel rooms continues to grow, hotel developers and owners across the country are acquiring, renovating and repositioning […]