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18 Feb 11:38 am
... cease and desist the rental operations. The resort, you see, wanted to open its own ski kiosk in the same area and didn't want the competition. The district court dismissed the
case, and a unanimous panel of the Tenth Circuit okayed the order. Christy Sports, LLC v. Deer Valley Resort Co., Ltd., No. 07-4198 (10th Cir.
Feb. 18, 2009). The part of the opinion Blawgletter sorta understands has to do with defining the relevant antitrust market. The court held that the relevant market consists not of ...
1 Aug, 2008 6:23 pm
... requirements of the Statute of Frauds because the name at the end of each message signaled the author's "intent to authenticate" its contents. Id. "Corbin on Contracts"
states that almost any possible form of writing may be sufficient to satisfy ... 3d 549 (1st Dist. 1989). Informational Purposes Only: The content of this writing was prepared by Tamari
& Blumenthal, LLC for informational purposes only. The content of this writing is not intended to constitute and does not constitute legal
advice. ...
26 Jan, 2007 8:01 am
... purportedly binding Paving indefinitely to contracts negotiated by the MRBA. Members Schaumber and Kirsanow decided that the General Counsel failed to authenticate the power
of attorney. Member Walsh, dissenting on this issue, would find that the Respondents waived any objection to the power of attorney's authenticity, that the power of attorney
bound Paving to the 2003-2008 agreement, and that LLC, as Paving's perfectly clear successor, violated Section 8(a)(5) ...
20 Jun, 2007 6:17 pm
... the time of Mr. Hendrix's death. In its short opinion, filed only 15 days after hearing oral argument, the Ninth Circuit found: "Experience Hendrix, LLC and Authentic Hendrix, LLC (collectively 'Experience') claim they own the exclusive rights to publicize
Jimi Hendrix's ... s grant of summary judgment on the right of publicity issue likely explains why Experience Hendrix and Authentic Hendrix did not assert a right of publicity
claim in that suit. (Additional STL coverage here.) The ...
7 Mar, 2007 7:18 am
... over use of the deceased musician's name in connection with the marketing of vodka. Experience Hendrix, LLC, and Authentic Hendrix,
LLC, filed suit yesterday in the Western District against Washington-based Electric Hendrix, LLC,
Electric ... infringement, dilution by blurring, and dilution by tarnishment. The complaint alleges Mr. Diffenbach formed Electric Hendrix, LLC, in 2005 for the purpose of selling, bottling and marketing vodka as HENDRIX ELECTRIC, JIMI HENDRIX ELECTRIC, or JIMI HENDRIX ...
7 May, 2007 7:44 pm
... counterfeit circuit breakers. Plaintiff Square D. Company and defendants CES Liquidating LLC (formerly Connecticut Electric & Switch
Mfg. Co.) and TES Liquidating LLC ... and HOMELINE trademarks. The order further requires defendants to dispose of their inventory of
authentic Square D products by replacing counterfeit products returned to them in response to their ... D inspection. The case is captioned as Square D. Co. v. Conn. Electric
& Switch Mfg. Co., Viewpack LLC, No. 06-5714 (W.D. Wash.).
10 Sep, 2008 3:38 am
... the marketers of Hendrix Electric vodka have decided to appeal. On Aug. 7, Electric Hendrix, LLC, and the other defendants lost
cross-motions for summary judgment in which Western District Judge ... ELECTRIC VODKA, JIMI HENDRIX ELECTRIC, and JIMI HENDRIX ELECTRIC VODKA trademarks infringe the AUTHENTIC
HENDRIX, EXPERIENCE HENDRIX, and JIMI HENDRIX marks owned by plaintiffs Experience Hendrix, LLC, and Authentic Hendrix, LLC. (STL post on the decision here.) The notice of appeal, filed Sept. 5, is ...
16 Jan, 2007 1:11 am
... JD Member: Congressional Internet Caucus Advisory Committee Managing Director Network Tool-&-Die Company LLC Venture Catalysts for a
Digital Economy I returned the week of November 27th from the Congressional Internet Caucus Advisory Committee meeting in D ... a rat-hole (and for some readers on a X-posted list, this
is already well understood), within a digital economy there is a need for authenticated time stamping. How are time services provided, secured, verified, authenticated,
etc.? Again ...
7 Jul 9:58 pm
... name, signature, likeness, and/or art created by Jimi Hendrix. Plaintiffs Experience Hendrix, LLC, and Authentic Hendrix,
LLC, sought a preliminary injunction against the defendants' use of their trademarks by maintaining the hendrixlicensing. ... 's signature, the
court found defendants' use was not fair. "Defendants have represented to the Court that the signature is authentic, was purchased on 'eBay' by Craig Dieffenbach, and was
conveyed in electronic form to Mr. Pitsicalis. Defendants use the ...
16 Dec, 2008 6:41 pm
... 8, 2008) (Thrash, Jr., J.) In this case, Plaintiff Flo Healthcare Solutions LLC ("Flo") claims that Rioux Vision, Inc. ("Rioux") has
infringed U.S. ... trade shows. For the other two brochures, Rioux said it was attempting to obtain evidence to authenticate the brochures and sought additional time to gather
such evidence under Rule ... Procedure to the evidence disclosed in its interrogatory answers. Marketing Brochures Were Not Self-Authenticating: The Court also granted Rioux's
request under Rule 56(f ...
10 Jan, 2008 9:08 pm
... -page office action rejecting the claims of the patent-in-suit as invalid. 10) PSN Illinois, LLC v. Abcam, Inc., Abgent, Inc., Affinity
Bioreagents, Inc., Discoverx Corp., ... which seem stretched to be able to capture the accused "product." 15) Innovative Patented Technology, LLC v. Motorola (NDIL, December 31). I profiled this case here. 16) Harvard ... is just a new name for epicRealm. 149) Media Technologies Licensing,
LLC v. Tristar Productions, Ace Authentic, Bench Warmer Int'l, Press Pass, Razor ...
16 Jul, 2007 12:02 pm
... merged into GE Capital LLC? As such, is it possible or lawful for real estate to become transferred and conveyed into the name of any
entity which does not exist? 4) In challenging the authenticity of the bill ... debt collection improprieties had an effect upon yet another business', namely GE Mortgage
Services, LLC., withdrawal from doing ********************************************************************************** II-Motion To
Disqualify Attorney Brett Furr and Attorney Matthew Mullins, and ...
15 Jul, 2008 4:45 am
... as evidence has been questioned as hearsay under Fed. R. Evid. 801 and as lacking authentication under Fed. R. Evid. 901. See, e.g., Novak v. Tucows Inc., ... Lexis 21269
(E.D.N.Y. March 26, 2007); Chamilia LLC v. Pandora Jewelry LLC, No. 04-CV-6017, 2007 U.S. Dist. Lexis
71246 ... Polska USA, 2004 U.S. Dist. Lexis 20845, at *6 (finding an affidavit to be sufficient authentication, and the information not hearsay as an admission by a
party-opponent). Nevertheless, the Wayback Machine remains a valuable ...
17 Feb 8:37 pm
... Judgment and Permanent Injunction ending the Hendrix family's trademark dispute in Experience Hendrix, LLC, v. Electric Hendrix,
LLC. Judge Thomas Zilly entered the order pursuant to the parties' settlement and voluntary dismissal of ... enjoined from using, advertising,
registering, applying to register, or challenging the validity of plaintiffs' trademarks, including HENDRIX, AUTHENTIC HENDRIX, EXPERIENCE HENDRIX, and JIMI HENDRIX. The order
also permanently enjoins the defendants from making ...
9 Aug, 2008 7:14 pm
... court rejected defendants' contention that the court's 2005 decision in Experience Hendrix, LLC v. James Marshall Hendrix Foundation, which
the Ninth Circuit affirmed last ... HENDRIX ELECTRIC, and JIMI HENDRIX ELECTRIC VODKA trademarks infringe plaintiffs' AUTHENTIC HENDRIX, EXPERIENCE HENDRIX, and JIMI HENDRIX
marks. The court held: "Defendants' ... enrichment, or for imposition of a constructive trust. The case cite is Experience Hendrix, LLC v.
Electric Hendrix, LLC, No. 07-338 (W.D. Wash. Aug. 7, ...
7 Mar, 2007 5:45 pm
... no such right could be assigned to those companies. That case, Experience Hendrix, LLC, et al. v. The James Marshall Hendrix Foundation, et
al., No. ... right of publicity, he had no right to assign Experience Hendrix and Authentic Hendrix. The Western District separately found the Washington Personality Rights Act,
which ... claim. This decision, in connection with collateral estoppel principles, would seem to explain why Experience Hendrix and Authentic Hendrix did not assert a similar
claim this week ...
16 Jan, 2008 4:50 am
... all consumer products and services would be related." (TTABlogged here). Hormel Foods Corp. v. Spam Arrest, LLC, Cancellation No. 92042134
(November 21, 2007) [not precedential]. The Board dismissed Hormel's petition for cancellation ... the record a Google "hit list" search summary retrieved via the "Wayback Machine"
because it was not properly authenticated. The Board pointed out that Internet materials "may be admissible as evidence in connection with a summary judgment motion, if competent
and ...
19 Feb, 2008 6:00 pm
... order and order to show cause re preliminary injunction ("Application") against Defendants WIKILEAKS, WIKILEAKS.ORG, DYNADOT, LLC and DOES
1-10; And, the Court having considered the Complaint, the declarations and memorandum of points and authorities ... or customer names, data, account records and/or bank account numbers,
whether or not such documents and information are authentic, semi-altered, semi-fraudulent or forged, and which appears to have originated from or could reasonably be known to
...
28 Oct 7:25 am
... the venture capital business and both are founders, shareholders, and managing directors of defendant Signal Lake II, LLC. Their largest
single investment was in a company called Terago Communications, Inc. (Terago), on whose board both individual ... of frauds defense, and then provided the altered e-mail in response to
documentary production and urged its authenticity in sworn affidavits in the Federal Court and in this Court.' Appellate Brief of the Defendants-Appellees, Munshani v. Silver
Lake, ...
16 Sep, 2007 12:41 am
... recently addressed other sources of electronically stored information, the form of how such materials should be produced, and issues concerning their authentication. Much has
been discussed in the legal press concerning an e-mail's "metadata" and one recent unreported New ... division case, a New York County court ordered the production of "instant
messages." See Blue Star Jets LLC v. Halcyon Jets LLC. METADATA Before addressing how New York courts
have begun to address "metadata," it is important ...
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