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2006 Articles

Intellectual Property JMBM IP Update: Free Trade Agreement Being Implemented between U.S. and Central America/Dominican Republic

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 […]

Intellectual Property JMBM IP Update: Initial Interest Confusion in Online Metatags

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 […]

ADA Representation, Global Hospitality Group® and Real Estate Hotel Business: Condo Hotels and the ADA: A Case of Mistaken Identity?

Despite the current proliferation of condo hotels, the Access Board’s newly proposed ADAAG technical requirements still include no specific mention of condo hotels, nor have we seen any state law that includes requirements for condo hotel accessibility. There is very limited judicial direction, as legal precedents regarding the ADA and condo hotels have not yet […]

Land Use JMBM Tax Newsletter: The Effect of “Kelo” on California Property Owners

On June 23, 2005, a bitterly divided U. S. Supreme Court upheld a local government’s use of eminent domain to seize private property “for the purpose of economic development.” Previously, courts had looked to the standard of whether property would be directly taken “for public use,” under the Fifth Amendment. However, in Kelo v. City […]