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16 May 2024, 4:00 am
Emler sought registration of this single feature under Section 2(f), since a product configuration can never be inherently distinctive (Wal-Mart). [read post]
15 May 2024, 10:00 am
Defendants nonetheless failed to meet their burden of showing that they lacked "constructive notice of the condition and a reasonable time to correct or warn about its existence" (Parietti v Wal-Mart Stores, Inc., 29 NY3d 1136, 1137 [2017]).On the issue of constructive notice, defendants relied on the testimony of the school's custodian engineer, who stated that she "usually" conducted daily inspections of the building's doors, during which she tested… [read post]
15 May 2024, 10:00 am
Defendants nonetheless failed to meet their burden of showing that they lacked "constructive notice of the condition and a reasonable time to correct or warn about its existence" (Parietti v Wal-Mart Stores, Inc., 29 NY3d 1136, 1137 [2017]).On the issue of constructive notice, defendants relied on the testimony of the school's custodian engineer, who stated that she "usually" conducted daily inspections of the building's doors, during which she tested… [read post]
8 May 2024, 2:26 pm
In the following guest post, James L. [read post]
7 May 2024, 11:22 am
The law firm has brought Salmonella lawsuits against such companies as Cargill, ConAgra, Peanut Corporation of America, Sheetz, Taco Bell, Subway and Wal-Mart. [read post]
17 Apr 2024, 4:05 am
Citing Wal-Mart, the court observed that trademark law does not protect "product designs that lack distinctive meaning as a source identifier. [read post]
4 Apr 2024, 8:00 am
Wal-Mart Stores East, LP, Case No. 1:22-cv-02596-JFA-TER) in U.S. [read post]
2 Apr 2024, 4:21 am
Wal-Mart. [read post]
26 Mar 2024, 5:00 am
Wal-Mart Distribution Center, No. 856 EDA 2023 (Pa. [read post]
20 Mar 2024, 9:03 am
In this decision, the NLRB overruled its previous decision in Wal-mart Stores, Inc. and reinstituted its former standard that an employer can only interfere with employee rights to display insignia, badges or buttons, in “special circumstances” that would justify interference. [read post]
11 Mar 2024, 9:01 pm
Wal-Mart Stores, Inc., the court referred to the SEC staff’s no-action letter process on shareholder proposals as a “we-know-it-when-we-see-it” approach. [read post]
6 Mar 2024, 9:37 am
Wal-Mart * CaféPress Denied 230 Motion to Dismiss–Curran v. [read post]
5 Mar 2024, 8:59 am
In the ongoing legal battles over print-on-demand services, RedBubble and (more recently) Printify have sometimes achieved favorable results by disaggregating all of the functions and acting solely as a marketing agent for the disaggregated vendors. [read post]
5 Mar 2024, 8:47 am
In a recent case, the District Court of Appeals of the State of Florida Fifth District issued an opinion in an appeal involving a premises liability action arising from a slip-and-fall incident at a Wal-Mart store. [read post]
5 Mar 2024, 7:00 am
Walmart Inc. and Wal-Mart Stores East, L.P, Case No. 3:21-cv-01051) in U.S. [read post]
29 Feb 2024, 3:23 pm
Wal-Mart Associates, Inc. [read post]
26 Feb 2024, 2:08 pm
In an important published opinion filed February 16, 2024, the Fourth District Court of Appeal (Div. [read post]
24 Feb 2024, 1:10 pm
Introduction: Jeanne Fromer Private actors pursue their own interests. [read post]
23 Feb 2024, 1:43 pm
Even from 20 years ago, it’s a big change—Wal-Mart, Traffix, and Dastar were trying to resolve hard questions and details of doctrine that affect how things work on the ground. [read post]
7 Feb 2024, 5:00 am
Wal-Mart, Inc., No. 1:22-CV-00094 (M.D. [read post]