Monthly Archives: June 2021

JONES DAY TALKS®: 75 Years of the Lanham Act and Changes in U.S. Trademark Law

June 24, 2021Intellectual Propertycancellation actions, China, Federal Trademark Dilution Act, Inc., Inc. v. Fossil, Inc. v. Taco Cabana, Lanham Act, Moseley v. V Secret Catalogue, Qualitex v. Jacobson, Romag Fasteners, servicemark law, trade dress, trademark law, Trademark Modernization Act of 2020, Two Pesosjonesdaytalks

Signed into law in July of 1946, the Lanham Act has, for 75 years, governed U.S. trademark, servicemark, and unfair competition matters. In this edition of the Jones Day Talks Women in IP series, Meredith Wilkes, Anna Raimer, and Carrie Kiedrowski discuss how trademark laws have changed and evolved since the Lanham Act’s implementation, and talk about recent cases relating to trademark dilution, internet domain names, and willful infringement. They also examine the significant changes that are part of the Trademark Modernization Act of 2020.

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JONES DAY TALKS®: Carbon Markets are Booming, and Regulators are Watching

June 23, 2021ESG, Government Regulationcarbon credits, carbon markets, CFTC, climate change, derivatives, emissions, ESG, EU, greenhouse gas, regulationsjonesdaytalks

Efforts by government agencies, companies, and investors to limit the effects of climate change continue to influence activity in the financial markets. Interest in carbon markets, where emission credits are purchased and sold─and also where derivatives on those credits are traded─is growing rapidly, and that trend is expected to continue. Some estimates predict the cost of carbon could eventually double, due to the increased focus on climate issues and the tightening of greenhouse gas standards by global regulators.

The increase in trading volume has attracted the attention of regulators and enforcement agencies. Jones Day partner Josh Sterling explains how the carbon markets work, details the risks participants face, and describes what companies using these markets should do now.

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JONES DAY TALKS®: Private Antitrust Litigation in Spain

June 17, 2021Antitrust, EuropeAntitrust, EU Damages Directive, Litigation, paper envelope cartel, quantifying damages, retroactivity, Spain, truck carteljonesdaytalks

Jones Day’s series on private enforcement actions relating to antitrust matters in Europe turns to significant developments in Spain. Raimundo Ortega and Antonio Canales explain why antitrust actions in Spain have increased, discuss how damages are disputed and quantified, and review the key takeaways from the high-profile Truck Cartel and Paper Envelope Cartel matters.

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JONES DAY TALKS®: Takeaways from a Landmark Cryptocurrency Antitrust Case

June 17, 2021AntitrustBitmain, cryptocurrency, hard fork, United Americanjonesdaytalks

The surging interest in cryptocurrency continues to raise new legal challenges for market participants and interested parties. This is largely uncharted territory, so there’s comparatively little case law. However, a recent federal court’s decision in United American v. Bitmain provided some insight as to how courts would apply antitrust laws to cryptocurrency.

Jones Day partners Craig Waldman, Mark Rasmussen, and Chris Pace talk about the key takeaways from the court’s decision and discuss the other potential types of crypto asset antitrust claims we might see in the months and years ahead.

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Jones Day Talks®: Energy Derivatives and Regulatory Enforcement by the CFTC and FERC

June 10, 2021EnergyBiden, CFTC, climate change, derivatives, enforcement, FERCjonesdaytalks

The energy markets are highly regulated, and producers, transmitters, and consumers of energy all use the highly regulated derivatives markets to hedge their energy risks. How do the Commodity Futures Trading Commission (CFTC) and the Federal Energy Regulatory Commission (FERC) respond when there are price disruptions, like with Winter Storm Uri, or evidence of manipulation or other potential wrongdoing in those markets? Listen as our partners and former senior FERC and CFTC regulators David Applebaum and Joshua Sterling share their views on how those agencies bring enforcement actions and how they will seek to address climate change and other issues relevant to the energy markets.

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