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3 Mar 2015, 4:55 pm by Lawrence B. Ebert
Cir. 2009).(...)This is the precise sort of conven- ience or business strategy excluded by American Seating. [read post]
3 Mar 2015, 11:19 am by Arthur F. Coon
The Court did not precisely define what a showing of “unusual circumstances” would entail, but expressly approved local agencies’ consideration of local conditions and held that the lead agency’s decision on that prong of the exception would be subject to the deferential substantial evidence standard of judicial review. [read post]
27 Feb 2015, 4:58 am
  Ironically, one of the cases cited for “these standards” was Carrera v. [read post]
26 Feb 2015, 5:00 am
  The only proper theory was negligence:Since the strict liability rule of §402A is not applicable, the standard of care required is that set forth in §388 of the Restatement dealing with the liability of a supplier of a chattel known to be dangerous for its intended use. [read post]
23 Feb 2015, 4:06 am by Terry Hart
To say that a new use transforms the work is precisely to say that it is derivative and thus, one might suppose, protected under §106(2). [read post]
23 Feb 2015, 3:19 am by Peter Mahler
Mercer’s 0% DLOM, if not with his precise reasons, stating as follows: [Man Choi Chiu] is not entitled to a lack of marketability discount. [read post]
17 Feb 2015, 9:17 am by Steven M. Taber
The day of precise quantitative measurement of health and welfare effects has not yet arrived. [read post]
16 Feb 2015, 3:29 pm
This event will focus on the OHIM Community trade mark opposition decision in CANAL + v KABLEPLUS of 13 February 2014, where an opponent was put to proof of use of a mark which was not the basis of his opposition. [read post]
15 Feb 2015, 12:58 pm by Jason Rantanen
Judge Newman’s Articulation of the Post-Teva standard of review. [read post]
12 Feb 2015, 11:12 am by Lawrence B. Ebert
--As to the 1876 case:--In its 1876 decision in Russell v. [read post]
12 Feb 2015, 6:28 am by Joy Waltemath
The court rejected the employee’s jurisdictional and First Amendment challenges (Springs v. [read post]
9 Feb 2015, 8:49 am by Rebecca Tushnet
Sec. 33 tells us registration is prima facie evidence of exclusive right to use mark in connection w/goods. [read post]