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20 Dec, 2007 12:05 pm
A trademark infringement dispute involving university merchandise has taken an interesting turn. See Lloyd Sales Co., Inc. v. The Game, LLC, No. 07-1198 (E.D. ... by placing university logos on its own 3-bar logo. Lloyd Sales provides similar goods for the University of Arkansas and filed this suit to declare its use of a similar 3-bar pattern is not trademark ... filed suit against Lloyd Sales in Georgia. See The Game, LLC v. Lloyd Sales Co., Inc., No. 07-2498 (N.D. Ga., filed 10/10/07). In that case ...
Arkansas Business Litigation Blog - http://www.arbusinesslitigation.com/
1 Jun 3:36 am
... cases to the MDL because they involved injuries other than suicide. The new suit, Universal Care, Inc., et al. v. Forest Laboratories, Inc., et al., on the other hand, involves allegations relating to Forest Laboratories Inc.'s marketing of the drugs, and economic damages allegedly caused from the sale of Celexa or Lexapro. Specifically, the new suit alleges violations of the Missouri Merchandising Practices Act and makes claims for unjust enrichment, ...
Mass Tort Defense - http://www.masstortdefense.com/
18 May 5:24 am
... Marino San Marino accedes to European Patent Convention (EPO) South Africa More about the Merchandise Marks Act (Afro-IP) DTI: Counterfeit costing over R2 billion annually ... strategic steps Lutron Electronics - ITC launches investigation based on Lutron's allegation that Universal Smart Electric is importing/selling patent infringing lighting control devices (ITC 337 ... TTAB fraud jurisprudence: Medinol Ltd v Neuro Vasx, Inc; University Games Corp v 20Q.net Inc; Hachette Filipacchi Presse v Elle Belle, ...
IP Thinktank - http://duncanbucknell.com/blog
29 Oct, 2007 8:03 pm
... their assets and operations among autonomous and legally distinct corporate entities. Others suggest the development of principles of universal jurisdiction applicable against economic enterprises. Still others have proposed the elaboration of strict theories of enterprise ... ). That much retail trade requires a great amount of product. And Gap, Inc. feeds its stores with merchandise procured throughout the world. Gap, Inc. does not manufacture a large amount of the products it sells. Instead it ...
Law at the End of the Day - http://lcbackerblog.blogspot.com
15 Mar, 2008 7:00 am
... mark generic and 'clearly descriptive': Cheaptickets and Travel Inc v Emall.ca Inc et al: (ipblog.ca), Public lecture on e-publishing ... merchandise through MLB: (Techdirt), Microsoft - Veritas invalidates Microsoft's patent for replicating data files: (IP Law360), Philips Lumileds Lighting Company - Columbia University ... River abstention in copyright cases: Prominent Consulting LLC v Allen Bros., Inc: (Chicago IP Litigation Blog), Rambus - Rambus will be allowed to present testimony from related ...
IP Thinktank - http://duncanbucknell.com/blog
25 Jul, 2008 7:04 am
... strikes down another copyright claim: Marketing Information Masters, Inc v Board of Trustees of California State University System: (43(B)log), Mattel - Mattel wins first ... with SPS Technologies: (IP Law360), Muniauction - Adequate method claiming requirements: Muniauction, Inc v Thomson Corp: (Patent Docs), (ISinIP), Nelson - Claims construction order ... down from filing trade mark suit against CafePress.com over its GOP-themed merchandise (IP Law360), (Techdirt), RIAA - Lime Wire says RIAA's case ...
IP Thinktank - http://duncanbucknell.com/blog
28 Jul 3:00 am by Victoria VanBuren
... competitor's product instead-either from a retailer or directly from the manufacturer-and reject Gateway's agreement by returning the merchandise." Id. at 251. The court also examined the trial court's determination that "while a class action ... clear that technical contract doctrine was not going to stand in the way of vindicating consumer rights, stating that "[i]t is 'universally accepted' that public policy sometimes outweighs the interest in freedom of contract, and in such cases the contract ...
Disputing - http://www.karlbayer.com/blog
17 Jul, 2008 5:21 pm
... D. Cal. June 10, 2008). The court granted the defendant's motion for summary judgment and rejected Universal Music Group's ("UMG") argument that the labeling on the promotional CDs created a license without transferring title. Background and ... The court found further and alternative support for its "gift" characterization under federal postal law. The Postal Reorganization Act prohibits "the mailing of unordered merchandise" without the recipient's consent, allowing such merchandise to "be treated ...
Ad Briefs: Covering Your Ads - http://www.coveringyourads.com/
7 Oct, 2008 11:33 pm by Sheppard Mullin
... D. Cal. June 10, 2008). The court granted the defendant's motion for summary judgment and rejected Universal Music Group's ("UMG") argument that the labeling on the promotional CDs created a license without transferring title. Background and ... The court found further and alternative support for its "gift" characterization under federal postal law. The Postal Reorganization Act prohibits "the mailing of unordered merchandise" without the recipient's consent, allowing such merchandise to "be treated ...
Intellectual Property Law Blog - http://www.intellectualpropertylawblog.com/
29 Feb, 2008 8:00 am
... New bill proposed in Tennessee state senate aims to reduce copyright infringement at universities by forcing the schools to become anti-piracy enforcers: (Ars Technica), An idea by any ... against Apple and Starbucks over 'retail point of sale apparatus for internet merchandising': (Ars Technica), (Against Monopoly), Apple - Caller ID patent holder, Romek ... Decker - Claim construction reversal requires new trial: Black & Decker, Inc v Robert Bosch Tool Corp: (Chicago IP Litigation Blog), Blackboard ...
IP Thinktank - http://duncanbucknell.com/blog
29 Aug, 2008 1:25 pm
... to block infringing non-EU website: (International Law Office) Tanzania New Merchandise Marks Regulations 2008 for Tanzania - 'A giant step against counterfeiting and piracy': ( ... judgment patent case against CRS dismissed on first to file rule: TGN, Inc v CRS LLC: (Washington State Patent Law Blog) Federal judge rules ... v Lenz: (Techdirt), Fair use relevant to implementation of the Digital Millennium Copyright Act: Universal v Lenz: (The IP Factor), (Out-Law), Copyright mandatory registration and ...
IP Thinktank - http://duncanbucknell.com/blog
20 Sep 4:26 pm
... as comic book and magazine publications. [ 4 ] Finally, Disney relies a great deal on merchandising and licensing opportunities that arise out of their intellectual properties, especially characters. [ ... separate of their originating work. [ 27 ] A test was first created in Nichols v. Universal Picture Corp. for the copyright protection of characters, but it is considered unclear and generally ... , supra note 12, §4.2 [26] Id. [27] Nichols v Universal Pictures Corp., 45 F.2d 119 (2d Cir. 1930). [28] ...
The Journal of the Business Law Society - http://www.law.uiuc.edu/bljournal/
5 Mar 4:00 am
... takes softer approach toward possible infringers in copyright case relating to educational texts: University of Cambridge v BD Bhandari (Spicy IP) Retail industry joins fight against ... in cast steel railway wheels matter (ITC 337 Law Blog) Automated Merchandising - Defendant appeals preliminary injunction against sale of new vending machines: Automated ... N D North Carolina: Coining a geographic identifier: OBX-Stock, Inc v Bicast, Inc (Property, intangible) US Trade Marks - Lawsuits and strategic ...
IP Thinktank - http://duncanbucknell.com/blog
6 Jan 9:14 am by Stephen Albainy-Jenei
... hand while using sovereign immunity to keep from being sued for patent infringement itself: "The court is indeed troubled by the University of California's ability to reap the benefits of a patent system without being exposed to liability for infringement," ... U.S.C. § 1673. That statute allows the Commerce Department to impose duties on imports of foreign merchandise when that merchandise is "being, or is likely to be, sold in the United States at less than its fair value" - a practice known in ...
Tags: IP, Litigation
Patent Baristas - http://www.patentbaristas.com/
15 Jan, 2008 3:06 am
... 07 1:07-cv-02178 Vanguard Products Group, Inc. et al v. Merchandising Technologies, Inc. filed 04/19/07 closed 08/21/ ... closed 08/09/07 1:07-cv-02224 Board of Trustees of the University of Illinois, The v. Procter & Gamble Company, The filed 04/23/07 ... :07-cv-04512 Technology Development and Licensing, LLC v. Motorola, Inc filed 08/09/07 1:07-cv-04552 McKlein Company ... -04709 International Securities Exchange , LLC v. Chicago Board Options Exchange, Inc. filed 08/20/07 1:07-cv-04729 Niro, Scavone, ...
Chicago IP Litigation Blog - http://www.chicagoiplitigation.com/
11 Jun, 2008 12:01 am by Julio César Córdoba
... admite el conocimiento de la causa por jueces argentinos- toma en cuenta además de la regla universal de tratarse éste del foro del demandado, la circunstancia de ser el foro más ... hayan sido dictadas en rebeldía si el demandado tenía su domicilio en la República, inc. 3) que sean licitas según las leyes de la República y que ... G. B. reconoció la misma que lleva impreso "NCR, G. A. B., Modern Merchandising Methods Department Internacional Division, The National Cash Register Company, Dayton, Ohio" y ...
Fallos DIPr - http://fallosdipr.blogspot.com/
11 Mar, 2007 5:36 pm by John L. Welch
... and CHICAGO BEARS marks have acquired significant fame and public recognition for the football exhibition services as well as for ancillary merchandise." [Game over - ed.] This factor weighs "heavily" in opposers' favor. One of Applicant's principal arguments related to ... such a right." "The mere fact that a trademark owner's mark is associated with a movie, television show, university, or sports team does not mean that it is functional and available for others to use to promote their goods when ...
The TTABlog - http://thettablog.blogspot.com
15 Oct, 2008 2:17 am by Eric
By Eric Goldman eBay * Universal Grading Service v. eBay, Inc. More fallout from the National Numismatic v. eBay case--another lawsuit alleging antitrust and ... EU passed a non-binding resolution against sexual stereotypes in advertising. * Celebrity branded merchandise run amok. Miscellaneous * Valleywag: "The 5 most laughable terms of service on the Net." ... laughs, see Mark Lemley's Terms of Use paper. * Murakowski v. University of Delaware, 2008 WL 4104087 (D. Del. Sept. 4, 2008). This reminded ...
Technology & Marketing Law Blog - http://blog.ericgoldman.org/
8 Nov, 2007 9:00 pm
... inches forward (IPLaw360), (Generic Pharmaceuticals & IP), Flomax (Tamsulosin) - Ranbaxy prevails in litigation against Astellas Pharma Inc. and Boehringer Ingelheim: (IPLaw360), (Generic Pharmaceuticals & IP), Altace (Ramipril) - FDA request for comments on ... "MARTHA STEWART EVERYDAY" on a line of merchandise: (Now Why Didn't I think of that?), free video lecture by David Vaver, Professor of Intellectual Property and Information Technology Law, University of Oxford: (Now Why Didn't I ...
IP Thinktank - http://duncanbucknell.com/blog
13 Apr 4:00 am
... a hostile work environment based in race? Cavalier v. Clearlake Rehabilitation Hospital, Inc. 9th Cir. o ADEA is the exclusive remedy for age discrimination in employment in public sector ... in Public Works Deptt color=red> I NEWS> Boise State University facing gender/wages suit by frmr fem ass't rack and field ... Ø Sexual Harassment Study: 44% of women working in clothing, accessory and general merchandise retail stores report sexually harassment in the last two years. China Ø Sex Harass: No ...
New York Public Personnel Law - http://publicpersonnellaw.blogspot.com/
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