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26 Jan, 2007 12:18 am by D. Keith Henning
... October 14, 2004, the defendants registered the domain name penthouseboutique.com through eNom, Inc., a domain name registrar. The defendants admit that the penthouseboutique.com domain name is not their ... Y.2000); Weber-Stephen Products Co. v. Armitage Hardware & Bldg. Supply, Inc., 54 U.S.P.Q.2d 1766, 1768 ... confusion as to the complainant's sponsorship, endorsement, or involvement with the registrant. See UDRP ¶ 4(b)(i)-(iv). UDRP decisions also have found that the element of bad faith is met ...
Copywrite - http://copywrite.wordpress.com
20 Oct 4:57 am by Michael J. Hassen
... store. Somers v. Apple, Inc., 258 F.R.D. 354, 355 (N.D. Cal. 2009). According to the allegations underlying the class action complaint, Apple utilizes proprietary hardware and software for its iPod and digital music downloads, Apple's share of the online music market ... at 361 (citation omitted). And with respect to plaintiff's motion for certification of a class under Rule 23(b)(2), the district court noted that it had requested further briefing on this issue and held that "the Court ...
Class Action Defense Blog - http://classactiondefense.jmbm.com/
24 Dec, 2008 8:32 am by Lawrence B. Ebert
... in enacting § 271(c) would become rather easy. A competitor who wished to sell hardware that would enable infringement of a patented process could do so without incurring liability ... QSI actively induces infringement under 35 U.S.C. § 271(b), which states that "[w]hoever actively induces infringement of a patent shall be liable ... reference, or would be led in a direction divergent from the path that was taken by the applicant.'" Optivus Tech., Inc. v. Ion Beam Applications S.A., 469 F.3d 978, 989 ( ...
IPBiz - http://ipbiz.blogspot.com
2 Aug 10:27 pm by John L. Welch
... consumption"]. August 5, 2009 - 10:30 AM: In re Tires, Tires, Tires, Inc., Serial No. 77091459 [Refusals to register the term TIRES TIRES TIRES for "retail tire ... mere descriptiveness]. August 11, 2009 - 11 AM: In re White Rock Distilleries, Inc., Serial No. 77093221 [Section 2(d) refusal to register the mark VOLTA for ... Processing Systems, B.V., Serial No. 79014310 [Section 2(d) refusal to register the mark POWERVISION for "agricultural sorting and selection systems comprised of computer hardware, ...
The TTABlog - http://thettablog.blogspot.com
4 Feb, 2007 8:36 am by John L. Welch
... in and/or on buildings]. February 15, 2007 - 10 AM: In re Joyce Media, Inc. , Serial No. 76455256 [Appeal from refusal based upon Applicant's failure to ... No. 76611883 [Section 2(e)(1) mere descriptiveness refusal of VIDEO MESSENGER for "computer hardware and software sold as a unit for generating video images, namely, computer hardware ... including canned meat.] February 27, 2007 - 10 AM: In re Beaverton Foods, Inc., Serial No. 76624790 [Whether Applicant may overcome a Section 2(a) geographical ...
The TTABlog - http://thettablog.blogspot.com
22 Jun 11:26 am by Barry Barnett
... 1 said: Do you find from a preponderance of the evidence that the term "Sealtight" used by Plaintiff B&B Hardware is a suggestive term or is merely descriptive? The jurors, 11-1, wrote "NO" ... amp;B appealed. The Eighth Circuit reversed and remanded. B&B Hardware, Inc. v. Hargis Industries, Inc., No. 07-3866 (8th Cir. June 22, ... Notice of Acknowledgement" that the U.S. Patent and Trademark Office had given to B&B in 2006. The NOA noted that, because no one contested the Sealtight mark for ...
Blawgletter - http://blawgletter.typepad.com/bbarnett/
29 Apr, 2008 2:17 pm
... 2004 WL 1302500, at *11 (Cal. Ct. App. June 14, 2004) ("As in El-Com Hardware, Inc. v. Fireman's Fund Ins. Co., supra, 92 Cal.App.4th ... of action that may potentially give rise to coverage are sufficient to invoke the defense duty."). B. The Reasonable Inferences Arising from the Pleadings and Other Extrinsic Evidence Available to the Insurer Trigger ... to determine whether the alleged injuries are covered by insurance. Illinois - Tews Funeral Home, Inc. v. Ohio Cas. Ins. Co., 832 F.2d 1037, 1042 (7th ...
Gauntlett on Insurance - http://www.gauntlettoninsurance.com/
20 Jul 6:28 am
... - GARAGE POLICY - EMPLOYER'S LIABILITY POLICY - COINSURANCE CONTRIBUTION - UNTIMELY DISCLAIMER State Ins. Fund v. American Hardware Mut. Ins. Co. (2nd Dept., decided 7/7/2009) Question: In New York, when does a CGL or ... costs in the underlying personal injury action. On appeal, the Second Department agreed with the trial court's determinations that "[s]ince the disclaimer was based on policy exclusions, the defendants were required to provide World of Hitches with timely notice of its disclaimer ...
Coverage Counsel - http://nycoveragecounsel.blogspot.com/
4 Aug, 2008 3:50 am by Lawrence B. Ebert
... has received a notice of allowance. The applicant is Dell Inc. of Round Rock, Texas. The mark has serial number 77139082[TARR]. The class scope is described: Design of computer hardware for use in data centers and mega-scale computing ... centers and mega-scale computing environments in the fields of design, selection, implementation, customization and use of computer hardware and software systems for others. Wikipedia describes "cloud computing" as follows: Cloud computing means Internet ('Cloud') ...
IPBiz - http://ipbiz.blogspot.com
25 May, 2007 6:37 am by Ashwin Sharma
... : Unnamed/Software designers (2) Project(s): Mentor Graphics Corporation is a mid-sized company specializing in software and hardware systems developed for electronics designers. Issue: The company lost one highly qualified job candidate from outside the United ... -Statesman, May 8, 2006 Europe Gains in Software Development, United States Does Not Employer: MusicStrands Inc. Location: Corvallis, OR Employee/Position: Unnamed/Software engineers (2) Project(s): The small business develops software ...
US Immigration Law Blog - http://ashwinsharma.com
22 Dec, 2008 12:07 pm
... tried 5th Circuit Bright v. GB Bioscience Inc, No. 07-20906 (5th Cir. December 15, 2008)(Unpub) Affirming race (B)/failure-to-hire §1981 claim 6th Circuit [ ... on pension in court MI DECIDED [12-9] Jury clears Ashley Furniture Industries Inc. in age/layoff discrim trial NEWS Petitions circulating to repeal Kalamazoo ordinance banning gay/lesbian ... / 4th of 5 teachers who filed discrim suits; more here American Track and Hardware pays $325K to settle EEOC suit for sex harass of fems NC DECIDED Bank of ...
New York Public Personnel Law - http://publicpersonnellaw.blogspot.com/
6 Feb, 2007 6:15 am by Rob Robinson
... deciding what to sell in the first place. National Instruments Corp., an Austin, Texas, maker of software and hardware for engineers and scientists, had for years sold products that required buyers to install circuit boards in their desktop computers. ... $8.3 billion to have their ads displayed alongside the results offered up by search engines, according to eMarketer Inc. Now, some companies such as National Instruments are figuring that what users type into search boxes offers insight into what ...
Information Governance Engagement Area - http://infogovernance.blogspot.com
29 Dec, 2008 9:53 pm
... components that factor into costs for industry (and that may be passed on to consumers): • Capitol costs (hardware and land/property) • Annual operating costs (type of product and radiation source/dose, ... "next steps for action" presented. References 1. Altekruse, S. F., S. Yang, B. B. Timbo, and F. J. Angulo. 1999. A multi-state survey of consumer ... and Quality. Loaharanu P. and P. Thomas (eds). Technolmic Publishing Company, Inc., Lancaster, PA. p. 174- 7. 23. Kunstadt, P. 2001a. Economic and ...
Marler Blog - http://www.marlerblog.com/
15 Jan, 2008 3:06 am
... . et al filed 03/13/07 1:07-cv-01402 La Termoplastic-F.B.M. S.R.L. v. Yongkang Dayi Industry and Trade Co., Ltd. ... /07 1:07-cv-04512 Technology Development and Licensing, LLC v. Motorola, Inc filed 08/09/07 1:07-cv-04552 McKlein Company LLC v. ... :07-cv-04709 International Securities Exchange , LLC v. Chicago Board Options Exchange, Inc. filed 08/20/07 1:07-cv-04729 Niro, Scavone, Haller & ... closed 10/23/07 1:07-cv-05653 Attwood Corporation v. Marine Hardware, Inc. filed 10/04/07 closed 11/26/07 1:07-cv- ...
Chicago IP Litigation Blog - http://www.chicagoiplitigation.com/
22 Jan, 2008 3:19 am
... 04/13/07 1:07-cv-02054 Sikder Holdings, Inc. et al v. R & B Resturant Group, Ltd. et al filed 04/13/07 ... 1:07-cv-03389 Rieke Corporation v. American Flange & Manufacturing Co. Inc. filed 06/14/07 1:07-cv-03422 Nashua Corporation v. Seibt ... :07-cv-04977 SMW Autoblok Spannsysteme GmbH et al v. Clausing Industrial, Inc. filed 09/04/07 1:07-cv-05012 Reproductive Options Of Illinois, ... 11/21/07 1:07-cv-06682 True Value Company v. Popp Hardware, Inc. filed 11/28/07 1:07-cv-06718 Ready Set Service, ...
Chicago IP Litigation Blog - http://www.chicagoiplitigation.com/
29 Oct, 2008 12:30 pm by MTTLR Blog Editor
... algorithms co-located with an exchange may act on unfiltered, possibly flawed data. Technology companies are in the business of keeping their software and hardware up-to-date. Exchanges wear too many hats to keep ahead of the technology curve. They simply are not in the best position to ... , but at a high cost far exceeding what they would have had to pay for data in the past as emerging market players. 22 Sun Microsystems, Inc., Low Latency: Eliminating Application Jitter with Solaris™, May, 2007.
The MTTLR Blog - http://blog.mttlr.org/
4 Apr 7:47 pm
... , we agree with appellants that the reasoning set forth in the case of In re Saber, 233 B.R. 547 (Bkrtcy.S.D.Fla.1999), is instructive on why the requirements of ... So.2d 370, 374 (Fla.2002); Susan Fixel, Inc. v. Rosenthal & Rosenthal, Inc., 842 So.2d 204 (Fla. 3d DCA ... by one party and a trust accepted by the other." Capital Bank v. MVB, Inc., 644 So.2d 515, 518 (Fla. 3d DCA 1994). To establish ... WL 2344 (N.D.Fla. June 19, 1981); Kilgore Ace Hardware, Inc. v. Newsome, 352 So.2d 918, 919 (Fla. 2d ...
Florida Probate Litigation - http://www.flprobatelitigation.com/
7 May 7:22 am
... suit and is pursuing a premise liability claim against the owner of the home. Robert Day is founder and chairman of TCW Group Inc., a Los Angeles-based investment management firm, and heads the W.M. Keck Foundation. NUMBEROUS U.S. COMBAT ... IGNORED: Ansell, a major manufacturer of condoms launched National Construction Worker Hand Safety Month at the 2009 National Hardware Show. Ansell is the company that bought Hawkeye Glove in Fort Dodge, Iowa. Ansell spokespersons state: "In 2007 alone, the ...
Des Moines Personal Injury Lawyer - http://desmoines.injuryboard.com/
28 Jan, 2007 7:47 pm by Lawrence B. Ebert
IBM sued Platform Solutions, and now Platform has returned the favor: Platform Solutions Inc. (PSI), the mainframe wannabe whose Itanium-based servers can run IBM's z/OS mainframe operating system as well as Windows, ... and Linux, has sued IBM for antitrust, charging Big Blue with, among other things, tying the sale of z/OS to the sale of its mainframe hardware, a serious antitrust no-no and something IBM is specifically forbidden to do under the lingering terms of its now-dissolved 1956 consent ...
IPBiz - http://ipbiz.blogspot.com
18 Feb, 2008 11:12 pm by Lawrence B. Ebert
... up behind Blu-ray, retailers also began to stock more Blu-ray products. Friday's decision by Wal-Mart Stores Inc., the largest U.S. retailer, to sell only Blu-ray DVDs and hardware appeared to deal a final blow to the Toshiba format. Just five days earlier, Netflix Inc. said it will cease carrying rentals in HD DVD. Previously, recall betamax was actually technically superior to VHS.
IPBiz - http://ipbiz.blogspot.com
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