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22 Nov 5:36 am
... increased 5.9% to $297.2 million; net income $4.1 million. Five Star Quality Care, Inc. is a senior living and healthcare services company. Five Star owns or leases and operates 206 senior living communities with ... Up Record 14.3%. See report here and press release here. The Ensign Group, Inc. (Nasdaq: ENSG), the parent company of the Ensign(TM) group of skilled nursing, rehabilitative care services, hospice care and assisted living companies, today reported record results for the third quarter of ...
South Carolina Nursing Home Blog - http://www.scnursinghomelaw.com/
11 Aug, 2006 11:03 am by Big House
... the issue of aesthetic functionality never came up. Well, in Au-Tomotive Gold, Inc. v. Volkswagen of America, Inc., No. 04-16174 (9th Cir. Aug. ... hold otherwise "would be the death knell for trademark protection." Adoption (in dictum) of the "Sublicensing Rule" in TM cases -- In a case involving the tortuous twists and turns in the saga of the GLENN MILLER ... and related stuff, the 9th Circuit in Miller v. Glenn Miller Productions, Inc., No. 04-55874 (9th Cir. July 19, 2006), rejected a licensee's ...
Likely to be Confused — The Softer Side of IP Law - http://secondarymeaning.blogspot.com
26 Jan, 2007 10:35 am by George Socha
... , and Innovative Technologies to Improve eDiscovery Processes MOUNTAIN VIEW, Calif., Jan. 24 /PRNewswire/ - Stratify, Inc., one of the largest providers of electronic discovery services, today announced the release of the Stratify Legal Discovery 7.0 service ... operates for all languages supported by the Stratify Legal Discovery application, including most Western European languages, as well as Arabic, Chinese, Japanese and Korean. The Stratify Legal Discovery 7.0 alliance version extends these new ...
In Re Discovery - http://sochaconsulting.com/inrediscovery
16 Oct, 2008 12:01 pm by Michael J. Hassen
... the initial two-year service period expired." In re Apple & AT&TM Antitrust Litig., ___ F.R.D. ___ (N.D. Cal. ... data services of a stated period of time. This case concerns such an arrangement between Apple, Inc. and AT&T Mobility upon the introduction to the market of the iPhone." But according to ... relevant aftermarket for iPhone applications," id., at 16; but the district court rejected this argument, as well, see id. Apple argued further that the class action complaint contains "no ...
Class Action Defense Blog - http://classactiondefense.jmbm.com/
2 Dec, 2007 10:20 am by Sander Gelsing
... out their website www.inkyourride.ca. I can see why opponent Viacom International Inc. opposed this (i.e. their PIMP MY RIDE registration and their ongoing ... Design - 1,120,929. First of, wow!, this application by CBS Studios Inc. for use of their well know Cheers logo in relation to actual restaurant and bar ... Now, after being advertised, it finds itself in a Proposed Opposition by Cheers Bar Services Inc., perhaps the same as this company. On a more local level, Calgary based SwizzleSticks hair ...
Tags: Trademarks
Now, Why Didn't I Think of That? - http://www.gelsing.ca/blog
1 Nov, 2006 4:54 am by Big House
... Circuit law, not regional circuit law, in determining that, where "damages flow from the same operative facts," a recovery for trademark infringement as well as for patent infringement is an impermissible double recovery. In that case, the court held that the operative facts were "sales of the infringing ... U.S.C. § 1115(b)(5) Does NOT Require that the Junior Use be in a Geographically Remote Area - In Quicksilver, Inc. v. Kymsta Corp., No. 04-55529 (9th Cir. Oct. 6, 2006), the priority/tacking ...
Likely to be Confused — The Softer Side of IP Law - http://secondarymeaning.blogspot.com
19 Aug, 2006 5:43 am by Big House
In an interesting and well-reasoned decision, the Ninth Circuit recently addressed whether a trademark is abandoned during a sell-off of inventory of trademarked goods, but before a complete cessation of the liquidation of trademarked inventory. The answer, it said, was NO. The main dispute at issue in Electro Source LLC v. Brandess-Kalt-Aetna Group, Inc., No. 04-55844, -55909, -56648 (9th Cir. Aug. 14, 2006), was who owned a mark: a party that took an assignment ...
Likely to be Confused — The Softer Side of IP Law - http://secondarymeaning.blogspot.com
1 Oct, 2007 3:46 am by Rob Robinson
... MOUNTAIN VIEW, Calif., Oct. 1 /PRNewswire/ -- Stratify, Inc., one of the largest providers of electronic discovery services, announced today the release of the Stratify Legal Discovery(TM) 8.0 service optimized to handle complex ... service address a critical need in the eDiscovery market by handling these types of documents in ways that will satisfy the courts as well as protect the privilege requirements of litigants." The legal discovery and litigation support infrastructure market will reach $ ...
Information Governance Engagement Area - http://infogovernance.blogspot.com
11 Apr 2:52 pm by Rebecca Tushnet
... products"; from what I saw online, Best Shot sells the products for cats and dogs as well.) Schneider didn't contest any of the applications, but the court considered this of negligible ... no apparent reason that the incontestable status of a mark should automatically translate into a well-known mark." On to the evidence, then: Best Shot's expert did a survey ... mark. The court even went out of its way to identify a "misstatement" of law in AMF, Inc. v. Sleekcraft Boats, 599 F.2d 341, 348 (9th Cir. ...
43(B)log - http://tushnet.blogspot.com/index.html
19 Nov, 2007 6:51 am
... from the original mark, presumably a humorous difference, in order to produce its desired effect." Jordache Enterprises, Inc. v. Hogg Wyld, Ltd., 828 F.2d 1482, 1486 (10th Cir.1987) ... handbag, which must not be chewed by a dog. The LVM handbag is provided for the most elegant and well-to-do celebrity, to proudly display to the public and the press, whereas the imitation "Chewy Vuiton" " ... awkward. See 17 U.S.C. § 107; Campbell v. Acuff-Rose Music, Inc., 510 U.S. 569, 577, 114 S.Ct. 1164, 127 L.Ed. ...
The Patry Copyright Blog - http://williampatry.blogspot.com/index.html
28 Apr 10:31 am by Eric
By Eric Goldman Deltek, Inc. v. Iuvo Systems, Inc., 2009 WL 1073196 (E.D. Va. April 20, 2009). The Justia page. Every year ... First, the blanket restriction on including Deltek in the metatags makes no sense. See the Welles case. Second, I don't immediately see anything wrong with the phrase "installdeltek" ... which seems completely accurate in describing both the former Deltek employees' experience as well as the company's accumulated experience. Three observations about the case: 1) I hate metatag ...
Technology & Marketing Law Blog - http://blog.ericgoldman.org/
15 Oct 4:52 am by Mark J. Astarita, Esq.
... regarding two fixed income mutual funds, the Schwab YieldPlus Fund(R) and the Schwab Total Bond Market Fund(TM). The Wells Notice reflects that the SEC staff intends to recommend the filing of a civil enforcement action against Schwab Investments, Charles Schwab Investment Management, Charles Schwab & Co., Inc. and the president of the funds for possible violations of the securities laws with respect to the two funds. A Wells Notice is a device used ...
Securities Law Blog - http://seclaw.blogspot.com
11 Jan, 2007 10:13 am by Bill Heinze
... First Niagara Insurance Brokers, Inc. v. First Niagara Financial Group, Inc., (January 9, 2007) the Federal Circuit reiterated that a foreign opposer can present its opposition by showing mere use of its mark in the United States, and not ... . The domestic broker and FN-Canada share the commission generated by the transaction. FN-Canada provides insurance to Canadians, as well, to facilitate their travel to the United States. Specifically, FN-Canada sells auto insurance policies with features that ...
I/P Updates - http://ip-updates.blogspot.com
6 Feb, 2008 3:33 pm by Eric
By Eric Goldman T.D.I. International, Inc. v. Golf Preservations, Inc., 2008 WL 294531 (E.D. Ky. Jan. 31, 2008) In a thinly reasoned opinion with meager facts, a Kentucky federal court meekly voted that ... that the plaintiffs alleged other conduct beyond just buying keywords. The case doesn't recount these facts, but they might very well support a use in commerce determination without needing to address the keyword advertising issue at all. Either way, this case reinforces the pattern that Second ...
Technology & Marketing Law Blog - http://blog.ericgoldman.org/
7 Apr 8:34 am by Rebecca Tushnet
... Amazing Elastic Plastic product since 1998. But that packaging says "Amazing Elastic PlasticTM is a Trademark of SAS Group Inc." (SAS being the distributor.) Perrin & Nissen received an earlier version of the packaging in 1998 from SAS's predecessor in ... the toy, which falsely represents the quality of the product because SAS is selling an inferior knockoff that doesn't work as well. This was sufficient to state a claim: the ability to form bubbles is a material characteristic of the product.
43(B)log - http://tushnet.blogspot.com/index.html
4 May 9:34 am by Rebecca Tushnet
CBS Interactive Inc. v. National Football League Players Association, -- F. Supp. 3d -- (D. Minn. 2009) Held: Fantasy football statistics are just the same as fantasy ... of football statistics from the fantasy baseball allowed in C.B.C. Distrib. & Mktg, Inc. v. Major League Baseball Advanced Media, L.P., 505 F.3d 818 ... . See also this non-trademark footnote that courts deciding trademark cases would do well to heed: Whether CBS Interactive used player information in a manner that might imply an ...
43(B)log - http://tushnet.blogspot.com/index.html
3 Sep 11:35 am by Tom Casagrande
... Circuit today affirmed the rule 12(b)(6) dismissal of a trademark infringement complaint for failure to state a claim. In Hensley Mfg., Inc. v. ProPride, Inc., No. 08-1834 (6th Cir. Sept. 3, 2009), the plaintiff alleged it was the owner of ... a plaintiff is considering unusually detailed factual allegations and/or attaching copies of the allegedly infringing uses to the complaint, the pleader would do well to consider whether the pleading would survive the sort of analysis the 6th Circuit used here.
Likely to be Confused — The Softer Side of IP Law - http://secondarymeaning.blogspot.com
12 Feb, 2007 3:03 pm by Eric
By Eric Goldman MCQ's Enterprises, Inc. v. Philadelphia Parking Authority, No. 07-0067 (E.D. Pa. Jan. 11, 2007) As part of making the cab system more consumer-friendly, Philadelphia created a "coordinated dispatch ... would install GPS. Then, when a taxicab company gets a call requesting a cab, it is required to check to see where its nearest cabs were located as well as the location of competitor cabs. If the company's nearest cab is too far away (an undetermined time, but about 15-20 minutes) and ...
Technology & Marketing Law Blog - http://blog.ericgoldman.org/
10 Jul, 2006 2:42 am by Big House
You know how cars' grilles have the manufacturers' trademark designs on them? Well, in General Motors Corp. v. Keystone Automotive Industries, Inc., No. 05-1712 (June 30, 2006), GM sued a manufacturer of replacement grilles over that issue. The replacement maker didn't actually put the emblem itself on it. It put a piece of plastic in the outline of the emblem, onto which the official emblem (which could be ...
Likely to be Confused — The Softer Side of IP Law - http://secondarymeaning.blogspot.com
... redaction capability, but Kodner likes WordPerfect X4's secure redaction capability. He has good things to say about Word 2007 as well, although he cautions that if you're coming from a WordPerfect background, you must stop using Word as if it's ... can be re-ordered. The package will be indexed and fully searchable. Kodner began his presentation about the "Paper-LESS" (TM) office by noting that, "Technology has screwed us up" and asking, "How many different places are your client files (including ...
Legal Ease Blog - http://www.legaleaseconsulting.com/legal_ease_blog/
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