Search for: "A.V.E.L.A., Inc."
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6 Apr 12:01 pm
... Lee Enterprises, LLC ("BLE") filed a trademark infringement lawsuit against Marc Ecko Enterprises, A.V.E.L.A., Inc. and Leo Valencia in the U.S. District
Court for the Southern District of Indiana. See Bruce Lee Enterprises, LLC v. Marc Ecko Enterprises et al., Case No. 09-CV-00398 (S.D. Ind ... Ecko wrote back to BLE stating that
it had obtained a license to the use Lee's image from A.V.E.L.A., Inc. (the Art and Vintage Entertainment Licensing Agency) ("AVELA"), which is owned by
Valencia ...
28 Jan 11:09 am
... clearly in a position to know (or inquire) as to the truth of the statements therein."] Statements under oath [e.g. Statements of Use] are made with a degree of solemnity
requiring through investigation prior ... been used for any identified items for men or children); Sinclair Oil Corporation v. Kendrick, 85 USPQ2d 1032 (TTAB 2007) (use alleged
for retail store ... mark on most of the goods identified in filed applications); First Int'l Serv. Corp. v. Chuckles Inc., 5 USPQ2d 1628 (TTAB 1988) (use alleged
...
18 Dec, 2008 5:25 pm
... Accessories Biz, Inc. v. Linda and Jay Keane, Inc., 533 F.Supp.2d 381, 388 (S.D.N.Y.2008) ("L & J argues that the Samples themselves are a form of
advertising, but New York courts ... The product may constitute a form of "advertising injury" offense under certain circumstances; i.e., it's an advertising idea. Unique trade
dress as well as design patent claims would ... . App. 2003); Superformance Int'l, Inc. v. Hartford Cas. Ins. Co., 203 F. Supp. 2d 587, 597 (E.D. Va.2002).
In Acuity Mutual ...
17 Sep 10:06 am
... the contrary view. The court's citations include Westport Reinsurance Management, LLC v. St. Paul Fire & Marine Ins. Co., 80 Fed. Appx. 277, 279 ... was apropos as to
Federal's policies where "infringement of copyrighted advertising materials" was the offense analyzed. [E]ven if the complaint in the underlying action could be read to allege
copyright or trademark ... of cases, including General Agents Ins. Co. of Am., Inc. v. Midwest Sporting Goods, Co., 828 N.E.2d 1092, 1101 (2005). Id at *18. A ...
22 May 1:50 am
... One of the most significant cases is Young v. Tide-Craft, Inc., 270 S.C. 453, 242 S.E. 2d 671 (1978). Set forth ... If the acts of the intervening agency are a
probably consequence of the primary wrongdoer's actions, i.e., 'foreseeable', the primary wrongdoer is liable. However, even if the intervening acts are not ... liability
theories of warranty, negligence, or strict liability. Id. at 467, 242 S.E.2d at 671. The court stated that the Plaintiff needed to show that in the absence of the alleged
defects ...
26 Jun 5:29 am
... A. Comer Today's case brief is Anderson v. Green Bull, Inc., 322 S.C. 268, 471 S.E.2d (Ct. App. 1996). This is a warnings case, ... in an unreasonably
dangerous, defective condition. 322 S.C. at 270, 471 S.E.2d at 710. To prevent a product from being unreasonably dangerous, a seller may be required to provide a warning ...
reflects may reasonably be regarded as unreasonably dangerous." 322 S.C. at 275, 471 S.E.2d at 713. He reviewed the evidence concerning the use of fiberglass, how it would change
the ...
30 Mar 1:54 pm
... by Hartford. All causes of action were covered because the defendant refused to defend citing, Buss v. Superior Court, 16 Cal. 4th 35, 48-50 (1997). The fair market value of
the goods, i.e., the EFL units, or $492,793.62, that Thane agreed to relinquish in consideration for the settlement of all claims ... it in the underlying lawsuit is recoverable
as damages arising from Defendants' breach. Earth Elements, Inc. v. Nat'l Am. Ins. Co. of Calif., 41 Cal.App.4th 110, 116-17, 48 ...
5 Oct, 2006 10:33 am
... ruled against Argentina in CMS Gas Transmission Company v. Argentine Republic, a case now doomed to the enigmatic ICSID Annulment. In both CMS and LG&E, the
tribunals determined that Argentina had violated the BIT's ... on discriminatory measures. Moreover, in each award, the State was relieved of liability from expropriation charges.
However, the LG&E ruling differed from the earlier ruling in that the country was granted exemption from liability for a 17 month period, due to the economic ...
3 Jul 3:46 am
Filed June 18, 2009 Opinion by Judge Ronald B. Rubin Held: The Maryland Credit Services Business Act (the "CSBA") does not apply to tax preparers who, ancillary to preparing tax
returns, arrange for Refund Anticipation Loans ("RAL's") issued by other companies. Facts: Judge Rubin dismissed a complaint demanding statutory damages and attorneys' fees for
violation of the CSBA. The plaintiff alleged that Jackson Hewitt violated the act by failing to provide certain documents and disclosures, ...
22 Sep 2:05 pm
Filed September 16, 2009 Opinion by Judge Richard D. Bennett Held: Under the recently articulated Iqbal "plausibility" standard, the FTC sufficiently pleaded a cause of action against a
corporate officer for personal liability for deceptive marketing practices. Facts: The FTC sued multiple companies and their officers for marketing software using misleading "scareware"
tactics. One officer moved to dismiss for failure to state a claim against him in his individual capacity. Under the FTC Act, ...
30 Sep 9:55 am
... . Before discovery was concluded, in March 2007, the United States Supreme Court issued Sinochem International Co. v. Malaysia International Shipping Corp., announcing that
district courts have latitude to rule on the threshold issue of forum ... the complete opinion (click here).Waste Information & Management Services, Inc. (WIMS) Publishers of
Michigan Waste Report, REGTrak, WIMS Daily & eNewsUSA E-Mail: info@ecobizport.com URL: http://www.ecobizport.com BLOG: http://enewsusa.blogspot.com/
14 May 9:31 am
... land-applied poultry litter and bacteria in the IRW, and therefore preliminary injunctive relief was not appropriate." Access the complete opinion (click here).Waste Information
& Management Services, Inc. (WIMS) Publishers of Michigan Waste Report, REGTrak, WIMS Daily & eNewsUSA E-Mail: info@ecobizport.com URL: http://www.ecobizport.com
BLOG: http://enewsusa.blogspot.com/
19 Jul 11:02 pm
... the article or if it affects the cost or quality of the article." TrafFix Devices Inc. v. Marketing Displays Inc., 532 U.S. 23, 58 USPQ2d 1001, 1006 (2001 ...
10 (1982). Once again, the Board turned to the approach of In re Morton-Norwich Products, Inc., 671 F.2d 1332, 213 USPQ 9 (CCPA 1982), which set ... Board noted the statement in
one of applicant's patents that a wheel embodying the subject design, i.e., with offset pairing, "is much easier to produce" than a wheel with exact pairing. In any case, ...
10 Mar 12:11 am
... a product design cannot be inherently distinctive. See Wal-Mart Stores Inc. v. Samara Brothers Inc., 529 U.S. 205, 54 USPQ2d 1065, 1068-69 ( ... to register.
TTABlog comment: If you want to see how hard it is to overcome a Section 2(e)(5) functionality refusal for a product configuration, stick the word "functional" into the TTABlog
search ... , entitled "Trade Dress at the TTAB: If Functionality Don't Get You, Nondistinctiveness Will," still resonates five years later. Text Copyright John L. Welch 2009
17 Mar, 2007 11:01 am
... Thought: Can Fraud be Avoided by Correcting a False Statement Prior to Publication? byJohn L. Welch and Ann Lamport Hammitte The TTAB's recent precedential ruling ... into
the spotlight once again. Since its seminal ruling in Medinol Ltd. v. Neuro Vasx, Inc., 67 USPQ2d 1205 (TTAB 2003), the Board has consistently ... their application to
delete the Section 1(a) basis and to substitute a Section 44(e) basis, relying on their Australian registration for the mark. Hurley argued that this case is analogous ...
20 Jan 12:45 pm
... : Functional matter cannot be protected as trade dress or a trademark. 15 U.S.C. §§1052(e)(5) and (f), 1091(c), 1064(3), and 1115(b). A feature is ... purpose of the product
or if it affects the cost or quality of the product." TrafFix Devices, Inc. v. Marketing Displays, Inc., 532 U.S. 23, 33 (2001); Qualitex Co. v. Jacobson ...
Co., Inc., 514 U.S. 159, 165 (1995). Moreover, TMEP § 1202.02(a)(v)(A) provides that: Design patents cover the invention of a new, original, and ornamental design for an
article ...
22 Jan, 2007 9:53 am
... the Internet domain name "www.insiderealliving.com," which displayed the same information embedded within the e-mail from "Herbie R Jr." (Stipulation at ¶ 1). In addition to
the "www.insiderealliving.com" website, Barlow has ... ., 505 U.S. 763, 769, 112 S.Ct. 2753, 120 L.Ed.2d 615 (1992). The third element for the Court to consider is whether the
Defendants' ... in favor of enjoining Defendants from the use of the domain names at issue. See e.g., Ameritech, Inc. v. Am. Info. Techs. Corp., 811 F.2d 960, ...
22 Jan, 2008 12:33 am
... dimension inespérée. Lll'entreprise américaine L-1 Identity Solutions Inc alors qu' ... investisseurs étrangers au Panama. Le haut
fonctionnaire a critiqué très sévl'État panaméen, qu'ils assumeront toute la responsabilité des conséquences de la signature du ...
14 Apr 5:20 am
... parol evidence to vary, modify or superseded the written contract is inadmissible in evidence. HCB Contractors v. Liberty Place Hotel Assocs., 652 A.2d 1278, 1279 (Pa. 1995)
... and citations omitted). The exception to the parol evidence rule for fraud covers fraud in the execution, i.e., the oral representations were fraudulently omitted from the
contract, not fraud in the inducement. Dayhoff, ... Regent Nat'l Bank v. Dealers Choice Auto. Planning, Inc., No. 96-CV-7930, 1997 WL 786468, at *6 (E.D. Pa.
...
10 Nov, 2008 6:39 pm
... required plaintiffs to request dissolution in the pleadings in order to invoke the buy-out remedy. In Kermanshah v. Kermanshah, the Southern District of New York abstained
from jurisdiction of the plaintiff's oppression claim ... the plaintiff's claim for corporate dissolution, but that the court should abstain from exercising it); Codos v.
Nat'l Diagnostic Corp., 711 F.Supp. 75, 78 ( ... The Eastern District of New York case, Feiwus v. Genpar, Inc., 43 F.Supp.2d 289, 299 (E.D.N.Y.1999),
explicitly dealt ...
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