Are Incontestable Trademarks Contestable?

REQUEST A CONSULTATION A long-running trademark dispute between the City of Portland and a craft brewery within that city, OldTown Brewery, is over, according to an announcement by theOregon Brewers Guild. Old Town Brewery, the owner of aregistered federal trademark since 2012, had been defending its registration against the City of Portland for two years. The fight has been over the city’s application for a trademark that includes a leaping stag. Old Town received a federal registration for the stag

Export Administration Regulations (EAR) Focused on Hacking

Don’t Be Like Those Guys The Bureau of Industry and Security (BIS) has added five Russian entities to the Entities List that are now prohibited from doing business with the United States because they are involved in activities contrary to the national security or foreign policy of the United States.  This is meant to be a “tongue-in-cheek” reminder that the Federal government has export licensing requirements and the failure to follow these requirements results in a ban on doing

USCOFC Overturns CVE Determination Revoking SDVOSB Status

Should you protest a CVE determination with the U.S. Court of Federal Claims? A negative CVE determination can be devastating to your company.  On October 10, 2014, the U.S. Court of Federal Claims granted construction company Ambuild’s summary judgment motion in its protest against the CVE and the VA’s OSBDU.  According to the case Ambuild Co. LLC v. United States, the protest began after Ambuild successfully bid on a VA issued construction project and the disappointed bidder, Welch construction, Inc., filed

U.S. ITC Issues Groundbreaking Stay on Cease and Desist

Why did the USITC issue a stay on a cease and desist order? On June 11, 2014, the United States International Trade Commission (“Commission”) issued a stay of a cease and desist order (“CDO”) for the first time in its history. The stay was issued in In the Matter of Certain Digital Models, Digital Data, and Treatment Plans for Use in Making Incremental Dental Positioning Adjustment Appliances, the Appliances Made Therefrom, and Methods of Making the Same. Background The Commission instituted the

Experience and Past Performance Factors: Technically Acceptable When Essentially Absent

It appears that no past performance and old experience can still rise to the level of “technically acceptable.” Recently, the Government Accountability Office (“GAO”) returned from the Labor Day Holiday to determine whether the Department of the Army properly picked its role play partner. The Army’s Request for Proposals (“RFP”) sought offers to provide civilians the chance to perform battlefield role-player services for military exercises. The Army’s RFP stated that it would award the contract to the lowest-priced, technically acceptable offeror.

What is a Tax Inversion & Can it Save your Company Money?

Apple, Inc. made headlines this year when it managed to avoid over $70 million in taxes that the U.S. said the company owed to the federal government. Estimates vary as to the amount of money Apple keeps offshore, but the numbers are consistently in the billions of dollars range.  In fact, forty and fifty billion dollars are numbers seen in some recent news stories on international tax. Inversions The Apple issue is not an uncommon issue with large corporations.  You could

Decrease in Trade Deficit: Good News For U.S. Exporters

What is a decrease in the trade deficit and what does it mean for U.S. Jobs Numbers? Businesses involved in international trade were pretty happy recently when the Commerce Department announced that the total July exports of $198.0 billion and imports of $238.6 billion resulted in a goods and services deficit of $40.5 billion, down from the $40.8 billion in June. More specifically, July imports were $1.6 billion more than June imports of $237.0 billion. This is the lowest deficit since January. Overall,

Why Canada’s Franchise Disclosure Legislation Can Affect Your Company

Canada’s Franchise Disclosure Legislation Due to its proximity to the United States, expanding operations into Canada is a natural progression for many companies, particularly those based out of northern states. Despite its physical proximity, businesses expanding into Canada still face the challenges of conducting an international business. One such challenge is knowing and ensuring compliance with foreign laws; consulting with an attorney is always recommended if you want to move past our northern border. One of the ways that U.S.

US-China Relations: How Tires Cause Friction Between Nations

US-China Relations: Where the Rubber Meets for the Road US-China relations  is a fascinating case study in international law. The two superpowers seem to butt heads on everything. From trade rules to human rights, it seems more newsworthy when the two countries agree than when they disagree. Recent news foreshadowed what may be the next source of tension between the countries: tires. The US International Trade Commission (US ITC) voted to begin an investigation into possible “dumping” of tires imported

WTO Issues Mixed Ruling In US-China Case

Will WTO ruling intensify or lessen Chinese-U.S. tensions? The World Trade Organization (WTO) Appellate Body issued a decision this week in an appeal by China to overturn a U.S. law, Public Law 112 – 99, as inconsistent with international trade rules.  Who won? It depends on who you ask, although both sides have issued statements claiming victory. The U.S. rule stands, but the body ruled in favor of China on another related issue. Law Aimed at Countering Trade Subsidies The U.S. law at