Stark & Stark

A generic trademark or brand name is one that—due its popularity or common usage—has become synonymous with a general class of products or services. Famous trademark-turned- generic product names include Thermos and Velcro. Under U.S. trademark law, generic trademarks can never be federally registered and protected under the Lanham Act (the Trademark Act of 1946) because the mark name refers directly to the class of a product or service it belongs to and is incapable…
Many people have fire pits at their homes and use them while entertaining. Gathering around an open fire to talk or roast S’mores can be a lot of fun, but it is important that you know the rules and risks associated with backyard fire pits. According to the Consumer Products Safety Commission, at least 5,300 injuries related to fire pits and outdoor heaters were treated in emergency rooms in the United States in 2017.…
New Jersey, like many other states, allows for the cultivation and sale of marijuana for medicinal purposes. Marijuana is not yet allowed for recreational use in New Jersey. While medical marijuana use and consumption is legal under New Jersey state law, it remains illegal under Federal law, which leads to an interesting and complicated situation when an applicant seeks zoning approvals for a marijuana facility. Planning and/or Zoning Boards are essentially asked to approve a…
Currently in Pennsylvania, a medical malpractice lawsuit may only be filed in the county where the alleged malpractice occurred. This more restrictive than the venue rule for other types of civil cases, which provides more flexibility and gives plaintiffs more control over where their lawsuit is filed.…
Last month, Congress approved the final 2018 version of Section 7607 of the Agricultural Act of 2014 (the “Farm Bill”), which received bipartisan support in the Senate. The Bill removes “hemp,” a variety of the Cannabis sativa plant species, from the Federal Controlled Substances Act (“CSA”) and legalizes hemp cultivation as an agricultural commodity similar to grain, meat, and dairy. Commentators expect the historic new Farm Bill to considerably encourage and promote innovation, development, production,…
2018 represented another busy year for Chapter 11 retail bankruptcy filings, with Sears dominating the headlines in the last quarter of 2018 and Toys “R” Us closing all of its US stores before the third quarter. As the New Year unfolds, there could be companies in trouble in 2019. The following are 10 retailers to watch for a possible Chapter 11 filing this year:…
I was in the middle of writing a blog about the 2018 Tax Cuts & Jobs Act and the non-alimony changes, when a friend of mine posted something on Facebook. This is friend who contracted a virus when we were in junior high school which left him in a wheelchair. Yet, he has always been one of the most upbeat and inspirational people I have ever known. He posted a list of 8 things to quit…
According to the New Jersey Department of Health (DOH), over 3,000 patients may have been exposed to HIV, hepatitis B, and hepatitis C at the HealthPlus Surgery Center in Saddle Brook, New Jersey. The DOH released a new statement with the HealthPlus Surgery Center requesting that any patients who received a procedure at the surgery center between January and September 2018 to get a blood test for hepatitis and HIV. According to the statement, there…
Thousands of individuals have filed Bard mesh lawsuits against Bard and its corporate subsidiary, Davol. The Bard Hernia Mesh litigation, is currently pending in Rhode Island state court, as well as in federal court, in the Southern District of Ohio. The Rhode Island state court litigation began in late 2017, while the federal court litigation in Ohio was only formed in August 2018. Because both litigations are still relatively young, the litigations are expected to…