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15 Apr 2024, 6:00 pm by Josh Blackman
The article begins with this opening line:  "The US Justice Department's choice of New Jersey to file its landmark antitrust lawsuit against Apple Inc. was likely motivated by driving any future appeals to a circuit court relatively open to cracking down on monopoly power. [read post]
8 Feb 2024, 6:31 am by Linda Panszczyk
Case date: 26 January 2024 Case number: No. 22-10866 Court: United States Court of Appeals, Fifth Circuit A full summary of this case has been published on Kluwer IP Law More from our authors: Concise European Design Law by Verena von Bomhard and Alexander von Mühlendahl€ 125 Genuine Use of Trademarks, Second Edition by… [read post]
Further, VICC failed to establish that its two marks had acquired secondary meaning (VI Carnival Committee Inc. v. [read post]
21 Aug 2023, 1:07 pm by Matthew Ackerman
Aug. 7, 2023), the court of appeals affirmed an award of attorney fees that exceeded both the just compensation award and the amount the landowner was responsible for paying his attorney under the applicable contingency-fee agreement. [read post]
In the case at issue, the appellant, Shopify Inc., appealed the decision of the GC T‑222/21, SHOPPI (already commented here), alleging infringement of Article 53(1) of EUTM Regulation no. 207/2009, in conjunction with Article 8(1)(b). [read post]
31 Jul 2023, 4:47 pm by INFORRM
On the other hand, the Colorado restriction might not survive the application of United States v United Foods, Inc 533 US 405 (2001), where obligations upon fresh mushroom handlers pay assessments used primarily to fund advertisements promoting mushroom sales did not survive Central Hudson scrutiny as mediated through Glickman v Wileman Brothers & Elliott, Inc 521 US 457 (1997). [read post]