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27 Feb, 2007 12:19 pm
Monterey Bankruptcy Attorney Discusses The U.S. Supreme Court Says It Will Not Review Bankruptcy Case Involving Crown Vantage Inc., Merrill Lynch and Company, PriceWaterhouseCoopers, And Others Yesterday, the Supreme Court announced that it will not ... a fraudulent transaction that
had been executed by James River Corp., Crown's parent company at the time. Crown Vantage says the fraudulent transaction is what caused it to
file for Chapter 11 bankruptcy protection in 2001. James River had set up ...
28 Jun 11:00 pm
... namely, MRI diagnostic apparatus." Despite the sophistication of the purchasers, the differences in the marks and the goods, and the distinctiveness of the word VANTAGE, the Board found the mark likely to cause confusion with the registered mark TITAN for "medical diagnostic apparatus, namely, ... not relevant. We
must consider whether the marks TITAN and VANTAGE TITAN when used on the identified goods are confusingly similar. Dan Robbins &
Associates, Inc. v. Questor Corp., 599 F.2d 1009, 202 ...
15 Apr, 2008 11:39 am
Description: Debtor ′ s objection to deficiency claim sustained in part and overruled in part. Court disallows claim for real estate taxes paid and expenditures incurred for repairs
made to real property after a foreclosure sale. Court found claimant had an oral assignment of the necessary loan documents, but that there was insufficient evidence regarding when the
assignment occurred to find that it held the loan documents at the time the taxes were paid or expenditures made for the repairs. ...
22 Apr 2:35 pm
... case, the plaintiff was an applicant for employment at The Gap whose personal information was compromised when two laptops belonging to Vantage, Inc, the company that processed job applications for The Gap, were stolen. Going along with the vast
majority of courts ... was fatal to the plaintiff's claim that he was a third party beneficiary to the agreement between The Gap and Vantage.
Though The Gap was able to get off the hook in this civil litigation, it undoubtedly spent large sums of money on ...
12 Jun, 2007 12:55 am
... their pension plans as an alternative to terminating them. The ruling came in the case of Crown Vantage Inc., a bankrupt paper company that received a merger proposal from a labor union pension ... FTC Regulation The Associated Press The Supreme Court ruled
Monday that Philip Morris Cos. Inc. cannot move a lawsuit by cigarette smokers into federal court. Philip Morris ... 3rd Floor, San Francisco,
CA 94102 (800) 903-9872. ALM Privacy Policy / Contact Us © 2007 ALM Properties, Inc. All rights reserved. ...
7 Jul, 2006 5:04 am
... name of the service the company provides. Generic terms are not subject to trademark protection. In the case of America Online, Inc. v. AT
& T Corp., 243 F.3d 812 (4th Cir. 2001), the court held ... to denote anything other than the trademarked good or service." Illinois High School Ass'n. v. GTE Vantage, Inc., 99 F.3d 244 (7th Cir. 1996). One redeeming quality of the definition is that "googling" is limited to
using Google and not conducting searches in general. But perhaps Google's domination ...
11 Jun, 2007 2:33 pm
... authored by Justice Scalia, the Supreme Court held that merger is not a permissible method for an employer to terminate a single-employer defined-benefit pension plan. In March
2000, struggling company Crown Paper (along with its parent company, Crown Vantage, Inc.) filed for
Chapter 11 bankruptcy. Among the parties in interest in the bankruptcy proceedings were some 2,600 members of PACE International Union, who were ...
20 Nov 1:52 pm
... The Fifth Circuit Court of Appeals recently addressed the standard for a declaratory judgment action in the context of trademark rights. In Vantage Trailers, Inc. v. Beall Corporation, 567 F.3d 745 (5th Cir. 2009), Vantage filed civil ... trailer, Vantage's design was not substantially fixed and definite when it filed the action.
Even during the litigation, Vantage had made modifications to the external configuration or appearance of the trailers it was working to build.
Thus, the court could not ...
2 Nov, 2008 10:10 am
... Vantage hadn't fixed on a design when Beall sent it a C&D or when Vantage initially sued.
After MedImmune, Inc. v. Genetech, Inc., 127 S.Ct. 764, 771 (2007), however, a declaratory judgment
... to establish an actual controversy. Instead, a court is to examine the totality of the circumstances at the time the suit is filed. When this suit was filed, Vantage had "designed, sold, and advertised" an allegedly infringing trailer. It was in the process of making five additional trailers for its ...
28 Jun 9:11 am
... declaratory judgment action concerning the trade dress of a bottom-dump truck trailer design. In Vantage Trailers, Inc. v. Beall Corp., No. 08-21039 (5th Cir. May 8, 2009), the defendant Beall owned a registered trademark for the design of its bottom-dump trailer. It ...
the Federal Circuit and a much older one from the 7th Circuit), the 5th Circuit held that Vantage "failed to meet its burden to show that its
design was substantially fixed as to the potentially infringing elements, i.e ...
14 Dec, 2007 7:47 am
... E-mail: kptgoodwill@hotmail.com Web: http://www.goodwilltnva.org Goodwill Industries of Knoxville, Inc. 5508 Kingston Pike Knoxville, TN
37939-1066 Phone: (865) 588-8567 ... tn.org Web: http://www.learningdisabilities-tn.org Association for Children with Learning Disabilities, Inc. 1817 Julian Ridge Road Chattanooga, TN 37421-3323 Learning Disability Advocacy ... : http://www.state.tn.us/mental Mental Retardation The Arc of
Tennessee 44 Vantage Way, Suite 550 Nashville, TN 37228 Phone: (615) 248-5878 Web ...
26 Aug, 2007 10:01 pm
... as the forum for litigating the following case(s), as published by Justia: Thirty Eight Street, Inc. v. State Line LC, Case Number
1:2007cv02210, filed August 20, ... According to court papers filed August 20, Plaintiffs Thirty Eight Street, Inc., and Vantage Hospitality Group, Inc. (formerly Best Value Inn Brand Membership, Inc.) ... BEST VALUE INN, BEST VALUE (right), and AMERICAS BEST VALUE INN BY VANTAGE. Defendant State Line, LC, is
reportedly a Hagerstown, Maryland-based entity. Defendant Bharat ...
7 Nov, 2008 3:57 am
... - Transocean sues again claiming drillships built by Stena Drilling infringe numerous patents related to oil well exploration (Law360) Vantage Trailers - False patent marking and trade mark case between Vantage and Beall to continue ( ... finds IS
YOUR MORTGAGE CONTRIBUTING TO YOUR WEALTH? fails to function as a service mark: In re Capital Financial Advisors Inc (non precedential) (The
TTABlog) TTAB finds BOMBJAMMER generic for 'instruments comprised of transmitters and other electronic devices for ...
15 Oct, 2007 2:10 am
... 67. Claim definiteness, as discussed earlier, depends on the skill level of a person of ordinary skill in the art. Miles Labs., Inc., 997
F.2d at 875. In software cases, therefore, algorithms in the specification need only disclose adequate defining structure to ... Decl. ¶ 17. Thus, the record does contain sufficient
algorithmic structure to give meaning to the claim terms from the vantage point of an ordinarily skilled artisan. Thus, Mr. Sonnier supplied
the only assessment in this record of the ...
18 Mar 8:19 pm
... answer a few years ago in March Madness Athletic Association, LLC v. Netfire Inc., 120 Fed. Appx. 540, 2005 WL 147264 (5th Cir.). Here's
the ... to all commercial uses of March Madness. In 1996, IHSA sued an NCAA licensee, GTE Vantage, that created a basketball video game that
made use of the phrase March Madness. In December 1996, ... 244, 247-48 (7th Cir. 1996). "Following the Seventh Circuit decision in GTE Vantage, IHSA and NCAA decided to work together to protect their rights in March Madness. ...
5 Apr 1:26 pm
... facing companies involved in subprime-related businesses, as well as early trends in subprime-related securities litigation, from the vantage point of lawyers who are at the front lines of the current conflict. II. Current Civil and Regulatory Proceedings A. Federal ... out of the sweep,
FINRA barred two brokers from the now defunct brokerage firm, SAMCO Financial Services, Inc., and suspended a third broker for two years, for
misconduct in connection with selling "inverse floater" CMOs to retail ...
28 Sep 1:36 am
... the Ninth Circuit's decision in the Comprehensive Drug Testing case: U.S. v. Comprehensive Drug Testing, Inc., 2009 WL 2605378 (2009). In
it, I outlined the five principles the Ninth Circuit said should guide federal magistrates when they ... the plain view doctrine lets an officer seize items he or she sees while at a
lawful 4th Amendment vantage point if it is "immediately apparent" to the officer that the items are evidence of a crime. To be at a lawful 4th
Amendment vantage point, the officer's ...
2 Nov 4:21 pm
... on behalf of the American Truckers Association, Barbara Windsor, President & Chief Executive Officer, Hahn Transportation, Inc.,
objected that the legislation would add costs to an already burdened industry. She commented that while the industry supports ... technologies as part of the solution to climate change.
J. Stephan Dolezalek, Managing Director for Vantage Point Venture Partners, explained that Vantage
Point has the largest position in the venture capital industry in the country, with ...
24 Jul, 2008 1:32 pm
... , the Museum had not used the building design on its goods in a consistent fashion, i.e. the vantage point used often varied. "Consistent
and repetitive use of a designation as an indicator of source ... F.2d901 (7th Cir. 1983) quoting Union Carbon Corp. v. Ever-ready, Inc., 531
F.2d 366, 380 (7th Cir. 1976). Reading the question less literally, ... Is Georgi's "O" design inherently distinctive, or rather merely descriptive? Star Indus. Inc. v. Bacardi & Company Limited, Bacardi U.S.A., 412 F.3d 373 ...
8 Jan, 2008 1:26 pm
... an elemental expression of judicial restraint, which, in their deferential varieties, safeguard the superior vantage points of those
entrusted with primary decisional responsibility. The clear error standard, for example, protects ... U.S.C. § 706 (2000); Chevron U.S.A. Inc.
v. Natural Res. Def. Council, Inc., 467 U.S. 837, 843 (1984). Rational basis ... our government's elected branches. See FCC v. Beach Commc'ns,
Inc., 508 U.S. 307, 314 (1993) (calling the standard "a paradigm of judicial restraint ...
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