Search for: "TM Wellness Inc."
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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 ...
11 Aug, 2006 11:03 am
... 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 ...
26 Jan, 2007 10:35 am
... , 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 ...
16 Oct, 2008 12:01 pm
... 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 ...
2 Dec, 2007 10:20 am
... 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 ...
1 Nov, 2006 4:54 am
... 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 ...
19 Aug, 2006 5:43 am
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 ...
1 Oct, 2007 3:46 am
... 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 $ ...
11 Apr 2:52 pm
... 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. ...
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. ...
28 Apr 10:31 am
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 ...
15 Oct 4:52 am
... 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 ...
11 Jan, 2007 10:13 am
... 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 ...
6 Feb, 2008 3:33 pm
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 ...
7 Apr 8:34 am
... 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.
4 May 9:34 am
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 ...
3 Sep 11:35 am
... 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.
12 Feb, 2007 3:03 pm
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 ...
10 Jul, 2006 2:42 am
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 ...
28 Oct 5:50 am
... 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 ...
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