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6 Aug, 2007 3:18 pm by Sheppard Mullin
... natural and organic food market, and that Whole Foods intended to and would unilaterally raise prices after the merger. his merger challenge is analogous to the FTC's 2003 challenge to the merger between Nestle Holdings, Inc. and Dreyer's Grand Ice Cream, Inc. In that action, the FTC alleged that the parties were among the few participants in the market for "super premium" ice cream apart from premium and economy ice cream. The FTC's ...
Tags: Article
Antitrust Law Blog - http://www.antitrustlawblog.com/
5 Jul, 2007 2:30 am by Michael F. Kelleher
Case: Christoff v. Nestle USA, Inc., (Cal. App. 4th Dist., No. B182880, 6/29/07) The One Sentence Summary: In considering claims under ... were attributable to the taking of his identity and persona. California 4th Appellate District Holdings: The Single Publication Rule ("SPR") applies to actions under California's statutory right ... 2 year statute of limitation for torts to property rights applied. The court rejected Nestle's arguments that it did not "knowingly" use plaintiff's image, or that there ...
IP Law Observer - http://www.iplawobserver.com
15 Jan, 2008 3:06 am
... it to Pacer until after January 1. 1:07-cv-00369 Induction Holding Company, LLC v. Ajax Tocco Magnethermic Corporation filed 01/19/07 ... et al filed 05/11/07 1:07-cv-02690 DMS Holdings, Inc. v. Sorensen Research and Development Trust et al filed 05/ ... v. Thompson filed 07/10/07 closed 10/26/07 1:07-cv-03876 Nestle Prepared Foods Company v. Little Lady Foods, Inc ... -cv-04709 International Securities Exchange , LLC v. Chicago Board Options Exchange, Inc. filed 08/20/07 1:07-cv-04729 Niro, Scavone, Haller ...
Chicago IP Litigation Blog - http://www.chicagoiplitigation.com/
21 Sep 9:07 am
... opinion found to be inconsistent with its own claim construction: Vita-Mix Corp v Basic Holding, Inc (Gray on Claims) CAFC guidance on standard from preliminary injunction in patent cases: ... D Illinois lacks jurisdiction over copyright malpractice claim: James H Anderson, Inc v Johnson (Chicago Intellectual Property Law Blog) District Court N D ... in Harjo v Pro-Football (TTABlog) Weight Watchers - Weight Watchers sues Nestle over use of points in connection with Skinny Cow ice-creams and Lean Cuisine ...
IP Thinktank - http://duncanbucknell.com/blog
13 Mar 4:00 am
... 's knowledge of re-examination certificate may constitute 'objective recklessness': Ultratech International Inc v Swimways Corp (Peter Zura's 271 Patent Blog) District Court E ... suit (Law360) Fellowes - Stay pending reexam granted as to one of three patents: Fellowes, Inc v Aurora Corp of America (Chicago Intellectual Property Law Blog) Flexsys Americas - ... composite wear components (ITC 337 Law Blog) (ITC 337 Law Blog) Nestle - Nestle sues Wysong over process used by Wysong 15 years before Nestle ...
IP Thinktank - http://duncanbucknell.com/blog
14 Oct, 2007 5:22 am by Michael Stevens
... set forth below, we affirm Smith's sentence. In doing so, we hold that defendant's above-the-Guidelines sentence is both procedurally and substantively reasonable, ... abuse its sentencing discretion. 07a0416p.06 DeBusscher v. Sam's East, Inc Eastern District of Michigan at Detroit RONALD LEE GILMAN, Circuit Judge. Barbara ... Western District of Michigan at Grand Rapids BOGGS, Chief Judge. Nestle Waters North America, Inc. ("Nestle") appeals from the district court's dismissal of its claims against ...
Sixth Circuit Cases - http://kentuckylaw.typepad.com/sixth_circuit_cases/
7 May, 2007 4:30 am
... details. #### Nestlé Purina PetCare Company voluntarily withdraws its 5.3 oz. Mighty Dog® brand pouch products that were produced by Menu Foods, Inc. from December 3 ... -Mart. The Food and Drug Administration (FDA) said the manufacturer, Sunshine Mills Inc., is recalling dog biscuits that have been made with imported Chinese wheat gluten. ... gluten had made it to Canada. April 12, 2007 The Senate of the U.S. will hold an open session oversight hearing this afternoon to examine the recent pet cat & ...
Amicus Canis - http://amicuscanis.terapad.com/
26 Jun, 2008 6:31 pm
... Legal Committee, 531 U.S. 341 (2001), as one piece of its rationale holding that private "fraud on the FDA" claims were preempted. This section, Buckman held, demonstrates ... 3d 1170, 1178 (Cal. 2008); Vermont Pure Holdings, Ltd. v. Nestle Waters North America, Inc., 2006 WL 839486, at *5 (D. Mass ... statutory language already discussed above, are the food preemption cases. In Vermont Pure Holdings, a Bates "parallel requirements analysis" required that the state-law claim be in "substantially the same ...
Drug and Device Law - http://druganddevicelaw.blogspot.com
16 Jan 9:38 am by Manfred Gabriel
... might expect in important ways (801.1(b)). Here is a chart showing the nestled definitions: click chart to enlarge Corporations can be controlled in two ways: Either holding 50% or more of the outstanding voting securities, 801.1(b)(1)(i ... person. So here is a little challenge: The graph below shows a corporate structure chart. The voting securities of H Inc. held by F LLC are being acquired. Who is the UPE? What is included in the acquired person? To answer those to questions, it's first necessary ...
Tags: antitrust
Antitrust Review - http://www.antitrustreview.com
20 Mar 10:35 am
... Inc. 57. (tie) Publix Super Markets Advance Drainage Systems 58. National Dairy Holdings 59. Air Liquide America 60. Archer Daniels Midland 61. Plains All America Pipeline ... . Bridgestone-Firestone North America Tire 65. Pepsi Bottling Ventures 66. AmeriGas Propane Inc. 67. Nestle USA 68. Foster Farms 69. United Natural Foods 70. (tie) ... Co. 95. CVS Caremark Corp. 96. Cargill Meat Logistics Solutions 97. AutoZone Inc. 98. (tie) Trinity Industries Bimbo Bakeries USA 99. Costco Wholesale Corp. 100. ...
Georgia Truck Accident Attorney Blog - http://www.georgiatruckaccidentattorneyblog.com/
1 May 11:00 am
... finds Mars' Maltesers chocolate balls composition mark lacks distinctiveness in dispute over Nestle's Kit Kat Balls (Class 46) China Chint China and strategic ... harm to plaintiff in Illinois creates specific jurisdiction in trade secrets case UTStarcom, Inc v Starent Networks, Corp (Chicago Intellectual Property Law Blog) US ... (TTABlog) TTAB finds RUSSKAYA for Vodka abandoned, cancels registration: AV Brands, Inc v Spirits International, BV (not precedential) (TTABlog) (Property, intangible) TTAB: ...
IP Thinktank - http://duncanbucknell.com/blog
24 Aug 7:01 am
... Within Reach Inc (The Trademark Blog) California Supreme Court on appropriation of likeness and Statute of Limitations in dispute between Russell Cristoff and Nestle (The IP Law ... TTAB tosses out bankrupt opposition to SECRETS OF THE MILLIONAIRE MIND: Learning Annex Holdings LLC v True Power International Ltd (not precedential) (TTABlog) On summary ... applicant lacked bona fide intent: DC Comics and Marvel Characters Inc v Michael Craig Silver (not precedential) (TTABlog) In re Chocolate Confectionary ...
IP Thinktank - http://duncanbucknell.com/blog
21 Apr, 2008 3:09 pm by Ben Winograd
... statute, Barron contends that plaintiffs have increasingly filed claims against multinational corporations - including Wal-Mart, Nestlé, and Yahoo! - for alleged complicity in human rights abuses abroad. On top of creating negative publicity, Barron states, ... Hoffman of Schonbrun DeSimone Seplow Harris & Hoffman in Venice, Calif. - maintains the plaintiffs do not seek to hold the companies' liable for simply "doing business" with the apartheid regime, and once the complaints are amended, it's ...
SCOTUSblog - http://www.scotusblog.com/wp/
8 Jun 2:00 am
... Cancellation Division: DER ROTE BARON not use of RED BARON mark: Sierra Entertainment Inc v Davilex Games BV (Class 46) If you're happy and you ... Chennai IP Appellate Board: Well-known trademarks - consumer recollection is key: Societe des Produits Nestle SA v Jai ram (International Law Office) Bombay High Court rules on ... E D Texas: Motion to transfer venue denied in 'national' patent case: Intellectual Capital Holdings v NEC Corporation of America et al (EDTexweblog.com) District Court N D Illinois ...
IP Thinktank - http://duncanbucknell.com/blog
8 Jun 2:00 am
... Cancellation Division: DER ROTE BARON not use of RED BARON mark: Sierra Entertainment Inc v Davilex Games BV (Class 46) If you're happy and you ... Chennai IP Appellate Board: Well-known trademarks - consumer recollection is key: Societe des Produits Nestle SA v Jai ram (International Law Office) Bombay High Court rules on ... E D Texas: Motion to transfer venue denied in 'national' patent case: Intellectual Capital Holdings v NEC Corporation of America et al (EDTexweblog.com) District Court N D Illinois ...
IP Thinktank - http://duncanbucknell.com/blog
16 Jan, 2008 12:09 pm by "B"
... F.2d 688 (7th Cir. 1988) (Posner, J.) (referring to the "practical, contextual, fact-laden judgments that nestle as cozily within the competence of arbitrators experienced in the arcane practices and usages of the reinsurance industry as any other interpretive ... established, knowledgeable and well-respected jurist has openly criticized the reinsurancese that I know many reinsurance lawyers hold dear. In many ways, Judge Posner's opinion strongly suggests a rethinking of how reinsurance lawyers ...
Blawfields - http://blawfields.blogspot.com/
12 Feb, 2008 12:30 pm by Kimberly A. Kralowec
... in California state courts: In their briefs, the parties discuss an unpublished federal district court opinion which came to the same conclusion when considering nearly identical facts. (Vermont Pure Holdings, Ltd. v. Nestle Waters North America, Inc. (D.Mass., Mar. 28, 2006, No. Civ. A. 03-11465) 2006 WL 839486, *6, fn. 3.) Citing unpublished federal opinions does not violate our rules. (Cal. Rules of Court, ...
Tags: UCL, preemption
The UCL Practitioner - http://www.uclpractitioner.com/
5 Dec, 2008 1:15 pm
... told AP that in-house tests had detected trace levels of melamine in its infant formula. The three firms-Abbott Laboratories, Nestle and Mead Johnson-manufacture more than 90 percent of all infant formula produced in the United States. The ... before U.S. Magistrate Deborah Robinson and admitted falsely reporting that he had sold the stock when he continued holding shares in the firms governed by FDA rules. The charges - conflict of interest and false reporting - are misdemeanors and each carries ...
Des Moines Personal Injury Lawyer - http://desmoines.injuryboard.com/
26 Jul 10:57 am
... the settlement. After an initial complaint from Germany (supported by Britain and France) the European Commission will be holding a hearing where interested parties will be given the opportunity to comment on the settlement on 7 September 2009. With rumours that the ... an ex-Google lobbyist who is reported to be working for Obama's administration. Other News  The BlackBerry that may be nestling in your briefcase or pocket right now was made by Research in Motion (RIM). Last Thursday, Research in ...
IPKat - http://ipkitten.blogspot.com
         
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