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... drugs available to treat hyperthyroidism" and had wrongly claimed that its drug was "not bioequivalent to competing products," thereby disparaging competing manufacturers. Id. at 1036. Although the complaint in the underlying litigation did not allege ... other drugs were "disparaging in that they criticize the quality of other companies' ... products as being inferior." Id. at 1038. Id. at *5. In finding disparagement by implication in E.piphany, the court noted that statements made by the insured ...

... n.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), ... 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 ... Board concluded that the purported mark is functional and unregistrable under Section 2(e)(5). TTABlog comment: I was going to take a bike ride this afternoon, but reading ...

... Board applied the standard functionality analysis set forth by the CCPA in In re Morton-Norwich Products, Inc., 213 USPQ 9 (CCPA 1982). It first considered the utility patents owned ... is merely an ornamental, incidental or arbitrary aspect of the device. TrafFix Devices Inc. V. Marketing Displays Inc., 532 U.S. 23, 58 USPQ2d 1001, 1005 ... so, the Board concluded that Karsten's design is functional under Section 2(e)(5) and hence unregistrable as a trademark. three alternative designs TTABlog comment: ...

... It noted that the oral franchise agreement addressed a contractual relationship between the parties that was not covered in any manner by the e-commerce agreement. As a result, the oral franchise agreement was "independent of, collateral to, and not inconsistent with" the e-commerce agreement. ... the court, and the lower court's denial of the motion to dismiss was proper. Suburban Leisure Center, Inc. v. AMF Bowling Products, Inc., --- F.3d ----, No. 06-1865, 2006 WL 3332965 (8th Cir., November 17, ...

... different conclusions on that issue. Scott v. Glickman, 199 F.R.D. 174 (E.D.N.C. 2001) and Parkway Gallery v. Kittinger/Pennsylvania H ... the Western District had held that even an inadvertent production waived privilege, in Thomas v. Pansy Ellen Products, Inc., 672 F. Supp. 237 (W.D.N ... which event the disclosure is also not a waiver in any other federal or state proceeding. (e) Controlling effect of a party agreement. - An agreement on the effect of disclosure in a federal proceeding is binding only ...

... CENTERFOLD SEARCH, the TTAB reversed a Section 2(e)(1) refusal to register the mark for adult videotapes, CD-ROMs, DVDs, and entertainment services. In re JMH Productions, Inc., Serial No. 76608812 (August 25, 2006) [ ... dictionary definitions of the constituent words and on various articles and Internet excerpts in arguing that the information conveyed by the mark ("i.e., a hunt for a woman or women to pose naked for centerfold pictures") is the "exact subject matter" of Applicant's products and ...

... its entirety: Plaintiffs, current and former Assistant Managers of Defendant, Wal-Mart Stores, Inc., appeal the district court's order denying their motion for class certification. We have jurisdiction under 28 U.S.C. § 1292(e) and Federal Rule of Civil Procedure 23(f). The district court misapplied Ninth Circuit precedent ... to no deference. (§ 98.2, subds. (b), (c); Murphy v. Kenneth Cole Productions, Inc. (2007) 40 Cal.4th 1094, 1116 (Murphy).) Thus, Berman hearings may result ...

Espinosa v. Graco Children's Products, Inc., 2009 WL 137526(E.D.Tex. Jan 20, 2009) (NO. 2:07-CV-517) Judge: Chad Everingham Holding: Motion to Transfer Venue DENIED This is a product liability case arising out of the alleged failure of a child seat. Plaintiffs are from Slidell, Louisiana, ... of the car, GM (which has since settled), and the manufacturer of the child restraint for product liability, and the driver of the other car (for negligence) and his mother (for negligent entrustment). ...

... Rules of Civil Procedure, which took effect on Dec.1. Plaintiff Joseph DeSantis contended that his former business partners at Essential Products Inc. in Lakewood, N.J., got rid of e-mails that would have bolstered his claims that they conspired with ... TFI/EPI.) Ocean County Chancery Division Judge Vincent Grasso found insufficient evidence that relevant e-mails had been destroyed or withheld, stating that when he directed the defendants to produce electronic discovery, they ...

... became clear that the outbreak was not limited to MSU. While at MSU, the reported number of E. coli O157:H7 cases had risen to 18 (3 confirmed, 15 ... three from the Province of Ontario had also been identified with the same genetic strain of E. coli O157:H7. By this point, there was also strong epidemiological evidence linking ... identified by ill individuals, was Fresh-Pak Inc., distributed under the name, "Aunt Mid's." The MDA subsequently conducted product and environmental sample testing at Aunt ...