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6 Sep 2022, 2:07 pm
Prior Precedent – Republic Aviation, Stabilus and Wal-Mart Stores, Inc. [read post]
1 Sep 2022, 11:10 am
In issuing the decision in Tesla, the Board felt compelled to overrule the Wal-Mart Stores decision. [read post]
29 Jun 2022, 10:44 am
The majority opinion offered a number of examples of admissible expert evidence that would not aid a plaintiff in meeting her burden under Rule 23, including evidence that fails to prove an element of a claim for the entire putative class (citing Wal-Mart v. [read post]
25 May 2022, 12:08 pm
Wal-Mart Assocs. [read post]
28 Feb 2022, 9:31 am
Anyone thinking of contracting with Healthvana—regardless of how careful or careless they were tossing goods into a cart at Wal-Mart—would take a lot more care.] [read post]
8 Feb 2022, 8:12 am
While the Supreme Court stated in Wal-Mart Stores, Inc. v. [read post]
26 Jan 2022, 4:49 am
Although "color is usually perceived as ornamentation," color on product packaging may be "inherently distinctive if '[its] intrinsic nature served to identify a particular source.'" Wal-Mart Stores, Inc. v. [read post]
19 Jan 2022, 5:24 am
Wal‑Mart Stores, Inc., 588 F.3d 585, 595 (8th Cir. 2009). [read post]
10 Jan 2022, 2:38 am
., Wal-Mart Canada Corp. and Giant Tiger Stores Ltd., among others. [read post]
6 Dec 2021, 3:57 am
Wal-Mart (citing Qualitex). [read post]
2 Nov 2021, 8:29 am
” Wal-Mart Stores, Inc. v. [read post]
13 Oct 2021, 9:08 am
Wal-Mart, Inc., 102 F.Supp.2d 44, 55. [read post]
13 Oct 2021, 9:08 am
Wal-Mart, Inc., 102 F.Supp.2d 44, 55. [read post]
4 Jun 2021, 2:42 pm
In 2010, Judge White stayed the lawsuit pending outcome a parallel lawsuit against Wal-Mart and an ex parte reexamination of the patent at issue. [read post]
18 May 2021, 2:28 pm
Aspenwood Apartment Corp., 417 S.W.3d 909, 923 (Tex. 2013) (first citing Wal–Mart Stores, Inc. v. [read post]
6 Apr 2021, 3:28 am
Of course, product configurations cannot be inherently distinctive (Wal-Mart), but a non-functional product design may be registered if it has acquired distinctiveness. [read post]
17 Mar 2021, 5:01 am
Wal-Mart Stores, Inc., No. [read post]
8 Mar 2021, 5:46 am
" See In re Wal-Mart Stores, Inc., 129 U.S.P.Q.2d 1148, 1152 (TTAB 2019) ("The text on Applicant's website confirms the merely informational nature of the phrase. [read post]
7 Feb 2021, 6:33 pm
Lawyers tend to get excited when the courts create a new tort, and for good reason. [read post]
27 Jan 2021, 9:08 am
Wal-Mart Stores, Inc., 207 A.D.2d 150 (N.Y. [read post]
