holding

Joseph Phelps Vineyards, LLC v. Fairmount Holdings, LLC

(United States Federal Circuit) - In a petition for cancellation of a trademark, brought by the owner of the INSIGNIA mark used to sell wines since 1978 against the registrant of the ALEC BRADLEY STAR INSIGNIA mark used for cigars and cigar products, the Trademark Trial and Appeal Board's denial of the petition is vacated and remanded for reconsideration where: 1) the Board erred in its legal analysis, in analyzing the 'fame' of INSIGNIA wine as an all-or-nothing factor, and discounting it entirely in reaching the conclusion of no likelihood of confusion as to source, contrary to law and precedent; and 2) as a result of this error, the Board did not properly apply the totality of the circumstances standard, which requires considering all the relevant factors on a scale appropriate to their merits.




holding

Uptown Grill, L.L.C. v. Camellia Grill Holdings, Inc.

(United States Fifth Circuit) - In a contractual dispute over ownership of a trademark in a restaurant name, affirmed a bench trial decision in part and reversed it in part.




holding

Mission Product Holdings, Inc. v. Tempnology, LLC

(United States Supreme Court) - Held that a bankrupt company's rejection of a trademark licensing agreement did not deprive its licensee of the rights to use the trademark. The U.S. Supreme Court interpreted Section 365 of the Bankruptcy Code, which enables a debtor to reject any executory contract, meaning a contract that neither party has finished performing. Justice Kagan delivered the opinion of the 8-1 Court.




holding

Mission Product Holdings, Inc. v. Tempnology, LLC

(United States Supreme Court) - Held that a bankrupt company's rejection of a trademark licensing agreement did not deprive its licensee of the rights to use the trademark. The U.S. Supreme Court interpreted Section 365 of the Bankruptcy Code, which enables a debtor to reject any executory contract, meaning a contract that neither party has finished performing. Justice Kagan delivered the opinion of the 8-1 Court.




holding

GoPro, Inc. v. Contour IP Holding, LLC

(United States Federal Circuit) - Vacated and remanded the Patent Board's prior ruling against plaintiff which had filed suit to challenge the defendant’s proposed patent. In vacating and remanding, the Appellate court ruled that plaintiff’s printed catalog was prior art and that the defendant’s proposed patent could have been based on information in that catalog and that the trial court had not properly considered the catalog in making its finding.




holding

GoPro, Inc. v. Contour IP Holding, LLC

(United States Federal Circuit) - Vacated and remanded the Patent Board's prior ruling against plaintiff which had filed suit to challenge the defendant’s proposed patent. In vacating and remanding, the Appellate court ruled that plaintiff’s printed catalog was prior art and that the defendant’s proposed patent could have been based on information in that catalog and that the trial court had not properly considered the catalog in making its finding.




holding

Mission Product Holdings, Inc. v. Tempnology, LLC

(United States Supreme Court) - Held that a bankrupt company's rejection of a trademark licensing agreement did not deprive its licensee of the rights to use the trademark. The U.S. Supreme Court interpreted Section 365 of the Bankruptcy Code, which enables a debtor to reject any executory contract, meaning a contract that neither party has finished performing. Justice Kagan delivered the opinion of the 8-1 Court.




holding

Jeffrey Siegel, et al. v. HSBC North America Holdings, Inc. and HSBC Bank USA, N.A.

(United States Second Circuit) - Affirmed. The district court granted Defendants’ motion to dismiss for failure to state a claim. Plaintiffs failed to plausibly allege that the defendants knowingly aided or abetted November, 2005 attacks in Jordan.




holding

Guippone v. BH S&B Holdings LLC

(United States Second Circuit) - Dismissal of plaintiff's putative class action claim brought against defendants for alleged violations of the Worker Adjustment Retraining and Notification Act (WARN) is: 1) affirmed in part, where the district court correctly determined the private equity defendants were investors, not "single employers" with their subsidiary within the meaning of WARN, and thus were properly dismissed; and 2) vacated in part and remanded, where the district court erred in granting summary judgment to defendant BHY S&B HoldCo, LLC, which operated the entity plaintiff worked for, because plaintiff raised a question of material fact as to whether defendant BHY S&B HoldCo, LLC was a single employer with BH S&B Holdings LLC.




holding

ITV Gurney Holding, Inc. v. Gurney

(California Court of Appeal) - Reversing the trial court's order reinstating the Gurneys, the producers of Duck Dynasty, to positions managing the day-to-day operations of the plaintiff company that they once owned and are the minority owners of, who had been fired from their roles as CEOs and removed from management, because the very operating agreement the Gurneys said gave them authority to manage actually gave the company, through its board, the ultimate authority and allowed them to remove the Gurneys from management, but affirming the preliminary injunction allowing them to continue as board members and barring the company from infringing their rights in that position.




holding

Ingenco Holdings, LLC v. ACE American Insurance Co.

(United States Ninth Circuit) - In an insurance coverage dispute, revived an industrial plant's claim that the insurer should have provided coverage when broken metal brackets resulted in a shutdown of the entire facility. Reversed a summary judgment ruling.




holding

Professional Tax Appeal v. Kennedy-Wilson Holdings, Inc.

(California Court of Appeal) - Reinstated an unjust enrichment claim brought by a tax specialist that had helped a landowner reduce delinquent property taxes. Held that a foreclosure sale purchaser of the land had reason to know that the tax specialist had a contractual interest in a percentage of the tax refund. Reversed dismissal of the tax specialist's unjust enrichment claim against the foreclosure sale purchaser.




holding

DuQuesne Light Holdings, Inc. v. Commissioner of Internal Revenue

(United States Third Circuit) - Affirming the Tax Court's application of the Ilfield doctrine in holding that the double deduction for losses incurred by the subsidiary of a company was improper and disallowing $199 million of those losses.



  • Tax Law
  • Corporation & Enterprise Law

holding

ITV Gurney Holding, Inc. v. Gurney

(California Court of Appeal) - Reversing the trial court's order reinstating the Gurneys, the producers of Duck Dynasty, to positions managing the day-to-day operations of the plaintiff company that they once owned and are the minority owners of, who had been fired from their roles as CEOs and removed from management, because the very operating agreement the Gurneys said gave them authority to manage actually gave the company, through its board, the ultimate authority and allowed them to remove the Gurneys from management, but affirming the preliminary injunction allowing them to continue as board members and barring the company from infringing their rights in that position.




holding

WMI Holdings Corp. v. US

(United States Federal Circuit) - Affirming the US Court of Federal Claims dismissal of a company's action seeking refunds for losses and deductions its predecessor company allegedly should have received for certain intangible assets acquired from the federal government in the 1980s because the court's findings that the company failed to establish with a reasonable degree of certainty the cost basis in each of the assets at issue was not clearly erroneous.



  • Tax Law
  • Corporation & Enterprise Law

holding

DWA Holdings, LLC v. US

(United States Federal Circuit) - Reversing and remanding a US Court of Federal Claims summary judgment ruling that a company's overseas earnings did not entitle them to transitional benefits under the American Jobs Creation Act because their holding that the law only provided transitional relief for income earned between 2006 and 2006 was incorrect.




holding

Impax Lab. Inc. v. Lannett Holdings Inc

(United States Federal Circuit) - Affirmed the ruling that certain patent claims for pharmaceutical formulations, intranasal administration devices or aqueous solutions of zolmitripatan are not valid. The court found that defendant failed to prove that the claims at issue would have been obvious over the prior art.




holding

GoPro, Inc. v. Contour IP Holding, LLC

(United States Federal Circuit) - Vacated and remanded the Patent Board's prior ruling against plaintiff which had filed suit to challenge the defendant’s proposed patent. In vacating and remanding, the Appellate court ruled that plaintiff’s printed catalog was prior art and that the defendant’s proposed patent could have been based on information in that catalog and that the trial court had not properly considered the catalog in making its finding.




holding

In re Perlbinder Holdings, LLC

(Court of Appeals of New York) - In a real estate and property action, arising after the Manhattan Department of Buildings revoked plaintiff's erroneously-issued permit for a large outdoor advertising sign, the order of the Appellate Division is reversed where: 1) plaintiff did not acquire a vested right to maintain the sign on its property through its reliance on the erroneously issued permit; and 2) the issue of plaintiff's good-faith reliance on the erroneously-issued permit is properly raised in an application for a zoning variance.




holding

NRP Holdings LLC v. City of Buffalo

(United States Second Circuit) - Held that a mayor had legislative immunity from claims that he scuttled a low‐income housing project because the prospective developer refused to hire his political ally as a contractor on the project. Affirmed judgment in favor of the mayor and the other defendants.




holding

DRK Photo v. McGraw Hill Global Education Holdings, LLC

(United States Ninth Circuit) - Affirming summary judgment to the defendant schoolbook publisher against a stock photography agency complaining of copyright infringement because they were nonexclusive licensing agents for the photos at issue and failed to demonstrate adequate ownership interest to confer standing.




holding

NAF Holdings, LLC v. Li & Fund (Trading) Limited

(United States Second Circuit) - In a dispute arising out of a merger, and in light of Delaware Supreme Court's answer to a certified question that plaintiff was not required to bring its breach of contract claim as a derivative action, the district court's grant of summary judgment in favor defendant is vacated where plaintiff is not barred from pursuing its claim directly.




holding

In re Energy Future Holdings Corp.

(United States Third Circuit) - Held that a company that entered into an unconsummated merger agreement was not entitled to payment of a $275 million termination fee. The proposed merger had been approved by a bankruptcy court because one of the parties was in Chapter 11 bankruptcy. The Third Circuit held that the bankruptcy court did not err in narrowing the circumstances under which the termination fee would be triggered, resulting ultimately in no fee being paid.




holding

Uptown Grill, L.L.C. v. Camellia Grill Holdings, Inc.

(United States Fifth Circuit) - In a contractual dispute over ownership of a trademark in a restaurant name, affirmed a bench trial decision in part and reversed it in part.




holding

Trinity Industries Inc. v. Greenlease Holding Co.

(United States Third Circuit) - Vacated a ruling allocating the costs of cleaning up a contaminated manufacturing site. A successor company brought a contribution action against its predecessor company seeking to recover the costs it had incurred when government regulators forced it to remediate the site. The district court arrived at a percentage method of splitting the costs between the two companies, but on appeal the Third Circuit reversed and remanded for further proceedings.




holding

In re Energy Future Holdings Corp.

(United States Third Circuit) - Held that a company that entered into an unconsummated merger agreement was not entitled to payment of a $275 million termination fee. The proposed merger had been approved by a bankruptcy court because one of the parties was in Chapter 11 bankruptcy. The Third Circuit held that the bankruptcy court did not err in narrowing the circumstances under which the termination fee would be triggered, resulting ultimately in no fee being paid.




holding

In re Energy Future Holdings Corp.

(United States Third Circuit) - Held that a company that entered into an unconsummated merger agreement was not entitled to payment of a $275 million termination fee. The proposed merger had been approved by a bankruptcy court because one of the parties was in Chapter 11 bankruptcy. The Third Circuit held that the bankruptcy court did not err in narrowing the circumstances under which the termination fee would be triggered, resulting ultimately in no fee being paid.




holding

Mission Product Holdings, Inc. v. Tempnology, LLC

(United States Supreme Court) - Held that a bankrupt company's rejection of a trademark licensing agreement did not deprive its licensee of the rights to use the trademark. The U.S. Supreme Court interpreted Section 365 of the Bankruptcy Code, which enables a debtor to reject any executory contract, meaning a contract that neither party has finished performing. Justice Kagan delivered the opinion of the 8-1 Court.




holding

In re Life Partners Holdings Inc.

(United States Fifth Circuit) - In the bankruptcy proceeding of an investment business that had committed securities fraud, revived some of the bankruptcy trustee's claims against individuals and entities that referred potential investors in exchange for sales commissions. Reversed a dismissal in relevant part.




holding

Jeffrey Siegel, et al. v. HSBC North America Holdings, Inc. and HSBC Bank USA, N.A.

(United States Second Circuit) - Affirmed. The district court granted Defendants’ motion to dismiss for failure to state a claim. Plaintiffs failed to plausibly allege that the defendants knowingly aided or abetted November, 2005 attacks in Jordan.




holding

Newman v. Lehman Brothers Holdings Inc.

(United States First Circuit) - Affirmed the dismissal of an employee's claim brought under the whistleblower protection provisions of the Sarbanes-Oxley Act of 2002. An employee of an investment brokerage firm claimed that she suffered retaliation after she reported to her supervisors and a company hotline that she suspected certain coworkers to be in violation of federal securities law. Agreeing with the district court, the First Circuit held that her whistleblower claim failed because she did not exhaust administrative remedies before bringing the claim.




holding

Hip Hop Community Holding Benefit For NY Healthcare Workers



See more of the best quarantine lituations in music.




holding

DHT Holdings Reports Q2 Loss Of $10.5 Million

Bermuda-based independent oil tanker company DHT Holdings Inc. on Tuesday [Aug 6] reported a loss of $10.5 million in its second quarter. The firm said it had a loss of .7 cents on a per-share basis. Losses, adjusted for non-recurring costs, came to 3 cents per share. DHT Holdings posted revenue of $106.2 million in […]

(Click to read the full article)




holding

GoMedia, SGI Sports Holding Football Contest

GoMedia and SGI Sports are holding a football skills contest, with people invited to send in videos showing off their skills, with prizes to be awarded to the winners. The event poster says, “Multimedia production group Go Media joins with Shaun Goater and SGI Sports in inviting all football skillers to participate in the lockdown […]

(Click to read the full article)




holding

Sompo International Holdings Hires Julian James

Sompo International Holdings Ltd., a Bermuda-based specialty provider of property and casualty insurance and reinsurance, announced that Mr. Julian James will soon join the organization to lead the London market and International insurance platforms. Subject to regulatory approval and after a short period of transition, Mr. James will succeed Mr. Graham Evans as the Chief […]

(Click to read the full article)




holding

BZS Holding Online Celebration Of Earth Day

The Bermuda Zoological Society [BZS] is holding an online celebration of the 50th anniversary of Earth Day today [April 22] with a full day of virtual activities. The event poster says, “Together with like-minded organisations from our community, the BZS will host an interactive day on the BAMZ Facebook page, including edutainment opportunities, craft ideas, […]

(Click to read the full article)




holding

Arch Capital To Acquire Barbican Group Holdings

Arch Capital Group Ltd. has entered into an agreement to purchase Barbican Group Holdings Limited from funds managed by Carlson Capital, a U.S.-based alternative asset management firm, subject to regulatory approval. The acquisition includes Barbican Managing Agency Limited, Lloyd’s Syndicate 1955, Lloyd’s Syndicate 1856 [Arcus], Lloyd’s Special Purpose Arrangement [SPA] 6132, Castel Underwriting Agencies Limited […]

(Click to read the full article)




holding

Monument Re Acquires GreyCastle Holdings

Monument Re announced that it has signed an agreement to acquire GreyCastle Holdings Ltd and its subsidiaries, which include GreyCastle Life Reinsurance [SAC] Ltd and GreyCastle Services, from the shareholders of GreyCastle Holdings Ltd. A spokesperson said, “Monument Re announced today that, subject to regulatory approval, it has signed an agreement to acquire GreyCastle Holdings […]

(Click to read the full article)




holding

Peak Re Complete Lutece Holdings Acquisition

Peak Reinsurance Company Limited today [May 5] announced that it has completed the 100% acquisition of the capital of Lutece Holdings Ltd. A spokesperson said, “Peak Reinsurance Company Limited, a Hong Kong-based global reinsurer, today announced that it has completed the 100% acquisition of the capital of Lutece Holdings Ltd. [renamed as Peak Capital Holdings […]

(Click to read the full article)




holding

Mixed feelings around hockey about holding NHL draft early

Mixed feelings around hockey about holding NHL draft early




holding

Editorial: Can we still fight the coronavirus while holding the surveillance state at bay?

Some of the most effective strategies at containing the coronavirus are also the most intrusive. Can we adopt them without damaging our liberties?




holding

NBA's plans for resuming season, holding the draft and free agency remain uncertain

Amid the coronavirus outbreak, the NBA hasn't decided when it might restart the season, or if the draft and free agency will be held as scheduled.




holding

UCLA coach Chip Kelly isn't a fan of holding football games in empty stadiums

UCLA football coach Chip Kelly says if it's not safe for fans to attend games because of COVID-19, then it's not safe for players to participate.




holding

Fires are coming. But PG&E and some cities are holding up battery backups

Some solar workers have been ordered down from rooftops after neighbors called the police, solar industry officials say.




holding

Tiger Woods explains true feelings on holding on to Masters jacket until November



Tiger Woods was originally scheduled to defend his Masters jacket in Augusta this weekend.




holding

Chatham House is pleased to announce Koc Holding’s support for the Turkey Project

22 February 2017

Chatham House is delighted to announce Koc Holding’s support for the Turkey Project, based in the Europe Programme.

The project aims to analyze and highlight important issues emanating from Turkey’s geostrategic position and bring a Turkish perspective to important regional developments. Areas of research include Turkey’s evolving relationship with Europe and its contribution to the new ‘silk road’ known as the Belt and Road initiative, aimed at strengthening trade and infrastructure links between Asia and Europe.

Mr Ali Y Koc, vice chairman of Koc Holding, has also joined the Chatham House Panel of Senior Advisers, to which he will bring his experience and perspectives on Turkey and on wider global political, economic and social issues.

Koc Holding is the leading business group in Turkey with extensive activities in the manufacturing, energy, defence and finance sectors. Mr Ali Y Koc is a board member and executive committee member of Koc Holding and chairman of the 1907 Fenerbahce Association and the National Competitiveness Research Association. He is a board member of the Foreign Economic Relations Board (DEIK), Endeavor Turkey and vice president of the Turkish Industrialists' and Business Association (TUSIAD). He is also a member of the Bank of America Global Advisory Council.

Robin Niblett, director of Chatham House, said: 'We are grateful to Mr Ali Y Koc and Koc Holding for supporting this initiative, which builds on our established track record of work on Turkey. Turkey plays an increasingly important strategic role, and through this project, Chatham House will be able to expand its analysis and activities in this area. I am also delighted that Chatham House will benefit from the input and expertise of Mr Koc as a member of the institute’s Panel of Senior Advisers.'

Mr Ali Y Koc said: 'Koc Holding is pleased to establish a long-term partnership with Chatham House and support a distinctive research project on Turkey at a world-leading think-tank. We look forward to sharing our insights on Turkey and other significant issues in international affairs among such a distinguished globally-renowned group of individuals in foreign policy, business and civil society on the Panel of Senior Advisers.'




holding

Holding the Lead Description

Researcher: Sidney Redner, Santa Fe Institute
Moment: Moment Title: Holding the Lead Description: Sidney Redner talks about how random walks relate to leads in basketball.




holding

The head of a Turk, surmounted by an eagle holding thunderbolts, and surmounting a strapwork panel announcing the manners and fashions of the Turks. Process print, 1873, after a woodcut, 1553.




holding

A young woman holding two doves. Mezzotint by H. Cousins after J. Sant.




holding

A nymph seated on a rock and holding a lyre, surrounded by water and fish; representing a Rhinemaiden (Die Lorelei, nymph of the Rhine). Stipple engraving by J.H. Baker after F.R. Roffe after L.M. von Schwanthaler.

London : Published for the proprietors, [between 1800 and 1899]