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18 May 5:30 pm
... violations. According to the complaint, on August, 27, 2008, GunBroker's predecessor-in-interest received a letter from the "Office of the General Counsel" for Continental Enterprises, Inc. ("CE"). The letter indicated that CE had been engaged by H& ... ) was designed to prevent "the possibility of control by a lay person who is interested in profit, rather than the client's interests, and control by a person who is unregulated by the profession." GunBroker alleges that it has become the target of CE ...
Las Vegas Trademark Attorney - http://www.vegastrademarkattorney.com/
13 Nov 6:51 am
... Maryland. Barefeet Enterprises, Inc. ("BFI") executed a guaranty for each of the 10-year shopping center retail leases, whereby BFI guaranteed RSI's performance under ... Thus it concluded that RSI was liable only for those damages resulting from Briggs Chaney's inability to re-let the premises despite it using commercially reasonable efforts. The Court ... precedent set by the Georgia Court of Appeals in Peterson v. P.C. Towers, L.P., 206 Ga. App. 591 (1992), where the Georgia Court of Appeals held ...
Maryland Business Law Developments - http://marylandbusinesslawdevelopments.blogspot.com/
30 May, 2007 8:29 am by Jake Ward
... , and the knowledge of one of ordinary skill in the art as represented by the testimony of Fisher-Price's technical expert. The CAFC affirmed. The technology of the '861 patent relates to a learning device ... obvious where others would not. See KSR Int'l Co. v. Teleflex Inc., 550 U.S. __, 2007 WL 1237837, at *12 (2007) ... used in the field of electronics (a reader), and even in the narrower art of electronic children's toys, represented an unobvious step over the prior art." (Emphasis mine). Finally, ...
ANTICIPATETHIS.com - http://anticipatethis.wordpress.com
2 Apr, 2007 8:32 pm by John L. Welch
... registration, prompting Respondents' claim of laches. Jansen Enterprises, Inc. v. Rind and Stone, Cancellation No. 92042871 (March 15, 2007) [precedential]. Likelihood of confusion: The Board focused its attention on Petitioner's stylized IZZY'S mark (shown below), the ... marks are "clearly not identical," the Board did not view confusion as inevitable. For the foregoing reasons, the Board rejected the laches defense and sustained the petition for cancellation. Text Copyright John L. Welch 2007.
The TTABlog - http://thettablog.blogspot.com
8 Sep 5:32 am
... its merger clause -- resulted in summary judgment on a franchisee's fraud and other claims against a franchisor. The case, decided last Friday by the Business Court, is L'Heureux Enterprises, Inc. v. Port City Java, Inc. Conflicting ... agreement of the parties. Plaintiffs Could Not Establish Reasonable Reliance Judge Jolly granted Port City's Motion for Summary Judgment, focusing on the issue of the reasonableness of Plaintiffs reliance on the alleged misrepresentations. He stated "[r]eliance is ...
North Carolina Business Litigation Report - http://www.ncbusinesslitigationreport.com/
15 Jan, 2008 3:06 am
... 11% increase from the 126 patent cases filed in 2006. This maintains the Northern District's status as the fifth largest patent district. According to TrollTracker (click here for TrollTracker ... 1:07-cv-00603 Kenall Manufacturing Company v. Cooper Lighting, Inc. filed 01/31/07 closed 07/26/07 1:07 ... 07-cv-01385 Global Industries Holding Ltd v. Shri Kristina Enterprises Inc filed 03/12/07 1:07-cv-01389 Harris ... 07 1:07-cv-01402 La Termoplastic-F.B.M. S.R.L. v. Yongkang Dayi Industry and Trade Co., Ltd. et ...
Chicago IP Litigation Blog - http://www.chicagoiplitigation.com/
22 Jan, 2008 3:19 am
... 01/07 1:07-cv-01668 Eva's Bridal Ltd. v. Halanick Enterprises, Inc. filed 03/26/07 1:07-cv ... cv-03389 Rieke Corporation v. American Flange & Manufacturing Co. Inc. filed 06/14/07 1:07-cv-03422 Nashua Corporation ... 07 closed 11/26/07 1:07-cv-04691 Chanel, Inc. v. Foster et al filed 08/20/07 1:07 ... 04977 SMW Autoblok Spannsysteme GmbH et al v. Clausing Industrial, Inc. filed 09/04/07 1:07-cv-05012 Reproductive Options ... closed 12/18/07 1:07-cv-05508 Spartan Tool, L.L.C. v. Edwards filed 09/28/07 closed 12 ...
Chicago IP Litigation Blog - http://www.chicagoiplitigation.com/
16 Mar 1:45 am by A. Benjamin Spencer
... any precedent in the Fourth Circuit as to the extent to which a RICO complaint must allege the requisites of an "enterprise" as set forth in Turkette. Tillett was decided on a full record after conviction and therefore ... structure requirement in jury instructions); Begala v. PNC Bank, Ohio, Nat'l Ass'n, 214 F.3d 776, 781-82 (6th Cir. ... 21 (Matthew Bender & Co., Inc.2008) (noting that '[t]he importance of the proper pleading of RICO's enterprise element cannot be overemphasized"). The court must ...
Split Circuits - http://splitcircuits.blogspot.com
17 Aug 5:49 am by Randall Reese
The United States Trustee has appointed the members of the Official Committee of Unsecured Creditors in the Finlay Enterprises, Inc. bankruptcy cases. Finlay and its affiliates filed for bankruptcy protection recently in the Southern District of ... stores and stand-alone jewelry stores under the brand names Bailey Banks & Biddle, Carlyle & Co. Jewelers LLC and L. Congress, Inc. For more information on Finlay's bankruptcy filing and business, please see an earlier post which is available ...
netDockets Corporate Restructuring and Bankruptcy Blog - http://www.netdocketsblog.com/
21 Oct 11:48 am by Randall Reese
... general bar date (or deadline) for the filing of proofs of claim on account of pre-petition claims against Finlay Enterprises, Inc. and its affiliates. The order sets a separate bar date of February 1, 2010 at 5: ... Co. Jewelers LLC and L. Congress, Inc. That marked a sharp decrease from 2008, when the companies operated 658 locations, most of which were licensed departments within Macy's, Bloomingdale's, Bon-Ton, Dillard's and other department stores. The companies' long decline began in 2006 when ...
netDockets Corporate Restructuring and Bankruptcy Blog - http://www.netdocketsblog.com/
5 Aug 5:05 pm by Randall Reese
Late Wednesday night, Finlay Enterprises, Inc. and its affiliates voluntarily filed for bankruptcy protection in the Southern District of New York. The companies, which trace their roots to 1887 when ... stores and 106 stand-alone jewelry stores under the brand names Bailey Banks & Biddle, Carlyle & Co. Jewelers LLC and L. Congress, Inc. That marks a sharp decrease from 2008, when the companies operated 658 locations, most of which were licensed departments within Macy's, Bloomingdale's, Bon ...
netDockets Corporate Restructuring and Bankruptcy Blog - http://www.netdocketsblog.com/
16 Oct, 2007 5:31 am
We have lost one of our greatest judges, Judge James L. Oakes (whose initials deliciously spelled out Jell-O). Judge Oakes was a native of Illinois, ... . v. Lollytogs, Ltd., 71 F.3d 996 (2d Cir. 1995) Playboy Enterprises, Inc. v. Dumas, 53 F.3d 549 (2d Cir. 1995) Waldman ... socio-legal questions raised by this copyright infringement case involves the extent to which the buyers of men's "sophisticate" magazines are motivated to purchase a particular magazine by the cover photo. The question is no less ...
The Patry Copyright Blog - http://williampatry.blogspot.com/index.html
11 Nov 9:03 am by Randall Reese
On Tuesday, Finlay Enterprises, Inc. announced the winning bidders at an auction held for the sale of assets including furniture, fixtures, and equipment, information technology, intellectual property, and unexpired leases of ... major department stores and 106 stand-alone jewelry stores under the brand names Bailey Banks & Biddle, Carlyle & Co. Jewelers LLC and L. Congress, Inc. The auction was held on November 4th at the offices of Finlay's bankruptcy counsel, Weil, Gotshal & Manges LLP ...
netDockets Corporate Restructuring and Bankruptcy Blog - http://www.netdocketsblog.com/
15 Nov 6:22 pm by Shawn Cantley
A Jefferson County, Kentucky jury awarded $434,171 against Defendants Joseph White and C&L Enterprises, Inc. in favor of Vanessa Cantley's client, Jessica Cosby. The jury found that on October 5, 2007, Joseph White, owner of C&L Enterprises, Inc. assualted and battered Ms. Cosby, his former employee. The jury rejected Mr. White's assertion of self-defense. Vanessa Cantley, partner with Bahe Cook Cantley & Jones, represented Ms. Cosby against the ...
Kentucky Injury Lawyer Blog - http://www.kentuckyinjurylawyerblog.com/
12 Aug 7:43 pm by Adam Baker
I recently commented on Russell (Township) v. Dalcon Enterprises Inc., [2009] O.J. No. 2560 (Ont. S.C.J.) ("Dalcon"), and I indicated that the owner township ... higher-priced competitors, you've got great potential for a great big row. That's what happened in Dalcon, except the contract was not actually awarded prior to the submission of an application to ... Public Tenders in Newfoundland and Labrador are governed by the Public Tender Act, R.S.N.L. 1990, c. P-45, section 8(1) of which is effectively a ...
Newfoundland and Labrador Construction Law - http://www.adambaker.net
27 Jul 10:21 am by Randall Reese
Image via Wikipedia The United States Trustee has appointed the members of the Official Committee of Unsecured Creditors in the Bashas' Inc. bankruptcy cases. Bashas' and its affiliates filed for bankruptcy protection recently in the District of Arizona bankruptcy court. The ... the Creditors' Committee are: Pension Benefit Guaranty Corp. (PBGC) Coca-Cola Enterprises, Inc. PepsiCo Inc. Cardinal Health 411, Inc. Shamrock Foods Company Kalil Bottling Company Kraft Foods Hickman's Egg Ranch, Inc. Cold ...
netDockets Corporate Restructuring and Bankruptcy Blog - http://www.netdocketsblog.com/
8 Sep, 2006 3:21 am
Per Midamerican Energy Co. v. Start Enterprises, Inc., 437 F. Supp. 2d 969 (S.D. Iowa July 11, 2006): Plaintiff argues that, ... the Court agrees with Defendant that the state law claims must be dismissed, it finds Defendant's position that the entire Complaint should be dismissed with prejudice untenable, in light of the purpose of Rule 12(b ... for damage to goods in interstate transportation") (citing Beneficial Nat'l Bank v. Anderson, 539 U.S. 1 (2003)). Regardless of whether the state law claims " ...
Federal Civil Practice Bulletin - http://federalcivilpracticebulletin.blogspot.com
20 Jun, 2008 6:33 am by A. Benjamin Spencer
... apply the plain meaning of the words Congress has used. See, e.g., Connecticut National Bank v. Germain, 503 U.S. 249, 253-54, 112 S.Ct. 1146, 117 L.Ed.2d 391 (1992); Central Trust Co. v. Official Creditors' Committee of Geiger Enterprises, Inc., 454 U.S. 354, 359-60, 102 S.Ct. 695, 70 L.Ed.2d 542 (1982); Rubin v. United States, 449 U.S. 424, 430, 101 S.Ct. 698, 66 L.Ed.2d 633 (1981); Caminetti v. United States, 242 U.S. 470, 485, 37 S.Ct. 192, 61 L ...
Split Circuits - http://splitcircuits.blogspot.com
... IT MUST BE THE CORRECT DECISION (AFTER ALL, WHO HAS THE TIME TO ACTUALLY READ HECHT'S OPINIONS AND UNDERSTAND THAT FEDERAL INVOLVEMENT WAS MEANT TO PROMOTE SAFETY AND PREVENT TRAGEDIES ... )(per curiam) (arbitration mandamus granted) IN RE POLYMERICA, LLC D/B/A GLOBAL ENTERPRISES, INC.; from El Paso County; 8th district (08-08-00070-CV, 271 ... (limited discovery prior to arbitration sometimes permissible) IN RE HOUSTON PIPE LINE COMPANY, L.P., ET AL.; from Victoria County;13th district (13-07-00299-CV ...
The Jefferson Court Blog - http://texas-opinions.blogspot.com/
28 Apr 9:30 am by Christian Stegmaier
... not represent a corporation. However, in In re Unauthorized Practice of Law, 309 S.C. 304, 422 S.E.2d 123 (1992), the Court modified Wells "to allow a ... at 124 (quoted with approbation by Renaissance Enterprises, Inc. v. Summit Teleservices, Inc., 334 S.C. 649, 651, 515 S.E.2d 257, 258 ( ... such representation." Id. Companies need to carefully consider whether to "go it alone" in Magistrate's Court. Sometimes, the matter is straightforward or the stakes are not high; however, in other circumstances - ...
South Carolina Retail and Hospitality Law Blog - http://retailhospitalitylaw.blogspot.com/
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