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CFC Requires Strict Adherence To FAR’s Data Rights Clause

Client Alert | 1 min read | 01.28.04

In what the court characterized as an issue of first impression, the Court of Federal Claims in Ervin & Associates, Inc. v. U.S. (Jan. 20, 2004), reviewed the scope of the FAR’s “Rights In Data--General” clause (FAR 52.227-14), holding that, among other things, the contractor failed to protect its technical data with the required restrictive legends and thereby granted the government “unlimited rights” in the data. In rejecting numerous defenses raised by the contractor, the court required strict adherence to the procedural and substantive requirements of the clause, finding that the contractor’s efforts to remedy its deficiencies were “both too little and too late” – a finding that highlights the necessity for contractors to follow such requirements or risk losing valuable rights to proprietary data.

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Client Alert | 4 min read | 12.30.25

Are All Baby Products Related? TTAB Says “No”

The United States Trademark Trial and Appeal Board (TTAB or Board) recently issued a refreshed opinion in the trademark dispute Naterra International, Inc. v. Samah Bensalem, where Naterra International, Inc. petitioned the TTAB to cancel Samah Bensalem’s registration for the mark BABIES' MAGIC TEA based on its own BABY MAGIC mark. On remand from the U.S. Court of Appeals for the Federal Circuit, the TTAB reconsidered an expert’s opinion about relatedness of goods based on the concept of “umbrella branding” and found that the goods are unrelated and therefore again denied the petition for cancellation....