Resources

Color trademarks have traditionally been difficult to obtain. Of the over 4 million trademark registrations, there were less than 1000 color trademarks as of 2019.[1] To be eligible for trademark registration, a color must have acquired distinctiveness and must not be functional. Recently, the Federal Circuit examined the functional component of the analysis and explained why it presents such a hurdle to registration—particularly when a party also obtains patent protection.

Whether, and the extent to which, a plan fiduciary can consider nonpecuniary environmental, social and governance (“ESG”) objectives in selecting plan investments has been a hot-button issue for many years, with the view on such practices tending to swing back-and-forth with each new administration.

Taxpayers had mixed success in two recent research credit cases in the United States Tax Court.

Can parents legally agree to financially protect third parties from claims arising from their children’s injuries? In MK v. Auburnfly, LLC, (No. 364577, 2024 WL 5148278, Dec. 17, 2024), a published opinion, the Michigan Court of Appeals said no.

Late in the day on December 26, 2024, the United States Court of Appeals for the Fifth Circuit reinstated a nationwide injunction staying enforcement of the Corporate Transparency Act and its reporting rules and regulations. The panel that will be ruling on the merits of the federal government’s underlying appeal decided to continue the nationwide injunction to “preserve the constitutional status quo” (i.e., protect any potential constitutional rights) while it examines the parties’ legal arguments more closely.

On December 23, 2024, in Texas Top Cop Shop, Inc. v. Merrick Garland, Civil Action No.4:24-CV-478 (5th Cir. 2024), the Fifth Circuit Court of Appeals lifted a nationwide preliminary injunction and stay of the U.S. Corporate Transparency Act (CTA) and implementing Reporting Rule, as issued on December 3, 2024, by the U.S. District Court for the Eastern District of Texas. On the same day, the Financial Crimes Enforcement Network of the U.S. Department of the Treasury (FinCEN) published an Alert entitled “Updates to Beneficial Ownership Information Reporting Deadlines – Beneficial Ownership Information Reporting Requirements Now in Effect, with Deadline Extensions,” extending certain previously applicable reporting deadlines.

During the 2024 U.S. presidential campaign, President-elect Donald Trump promised to impose a variety of new tariffs. President Trump may seek to immediately apply levies of up to 20% on all imports, 25% on items from Mexico and Canada, and 60% on items from China. To mitigate some effects of the additional tariffs, many importers have already started to evaluate the applicability of well-known methods to avoid, exclude, delay, or recoup the expected tariffs.

A potential refund opportunity under the Michigan corporate income tax may justify taking action before year end. The issue concerns the Michigan Department of Treasury’s position that the Internal Revenue Code 163(j) interest expense limitation must be calculated on a separate entity basis rather than a unitary group basis, a position which Miller Canfield is challenging on behalf of several clients. The limitation period for refunds for tax year 2019 for most companies will expire on December 31, 2024, and therefore time is of the essence to protect the right to recover overpaid taxes for that year.

On December 3, 2024, the U.S. District Court for the Eastern District of Texas issued a nationwide preliminary injunction temporarily enjoining the Corporate Transparency Act (CTA), 31 U.S.C. §5336 and its implementing Reporting Rule, 31 C.F.R. 1010.380. The court also stayed the January 1, 2025 compliance deadline.

During his 2024 presidential campaign, President-elect Donald Trump promised to impose a variety of new tariffs, even without congressional approval. But can a president really levy such tariffs without congressional consent?