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23 Jan 2023, 4:48 am by Peter Mahler
A uniform standard under § 702 didn’t appear until 2010, when the Appellate Division, Second Department, issued its landmark decision authored by former Associate Justice Leonard B. [read post]
20 Jan 2023, 1:05 pm by Chris Dreyer
What did each lawyer or channel owner do well? [read post]
18 Jan 2023, 12:06 pm by Nedim Malovic
The crucial question is “whether the ‘work’ is basically one of human authorship, with the computer [or other device] merely being an assisting instrument, or whether the traditional elements of authorship in the work (literary, artistic, or musical expression or elements of selection, arrangement, etc.) were actually conceived and executed not by man but by a machine”.There are differences between the Ryder Ripps case and the one considered by Eleonora in… [read post]
17 Jan 2023, 2:26 pm by Rebecca Tushnet
But then again, does Apple look at CMI on/associated with works, or is there a separate form, and would that separate form constitute CMI?] [read post]
14 Jan 2023, 10:00 pm
Also, Henry Miller Square (a well-preserved historic downtown area) is just a stone’s throw away, offering a litany of quality shops and dining opportunities.Crosby Doe Associates currently holds the $4.25 million dollar listing to the home in Los Banos.# # #Source: https://toptenrealestatedeals.com/weekly-ten-best-home-deals/home/frank-lloyd-wrights-california-farmPhotos Courtesy Crosby Doe [read post]
New requirements specify that dates must be included in Phase I reports, and reaffirms that certain elements must be completed within 180 days of the date of closing (site reconnaissance, government record search and review, environmental cleanup lien search, owner/operator interviews, consultant’s declaration) and all others within one year. [read post]
10 Jan 2023, 8:06 am by A. Hunter Faulkner, Esq.
  Property owners within a certain radius from the site will also receive notice of the public hearing in the mail. [read post]
3 Jan 2023, 6:30 am by Guest Blogger
This post was prepared for a roundtable on Federation and Secession, convened as part of LevinsonFest 2022—a year-long series gathering scholars from diverse disciplines and viewpoints to reflect on Sandy Levinson’s influential work in constitutional law. [read post]
In contrast to the case of L’Oréal v. eBay (C-324/09) and the aforementioned Coty case, the CJEU was asked about the fact that the online sales website in question included sales both from the site’s owner and the online marketplace. [read post]
28 Dec 2022, 5:02 am by Michaela Ring (Hoffmann Eitle)
Insofar as this is the case, it cannot be assumed that, in the mind of the average consumer, such letterings and logos on clothing will be associated with a trade mark. [read post]
25 Dec 2022, 2:14 am by Aaron L. Nielson
In so doing, the court related a pretty remarkable Christmas story of booze and unhappiness: Defendant … fell in with a number of engineers who were getting passes for the Christmas holidays, and, walking down Pennsylvania avenue, they stopped at several saloons; that he first drank beer but changed to whisky; that, not finding his trunks at the station, he went across the street and stopped in a saloon; that when his trunks arrived he treated the drayman and his assistant; that he… [read post]
14 Dec 2022, 10:00 pm by Chijioke Okorie
It further held that the 3 elements of passing off viz - proof of the relevant reputation; reasonable likelihood that members of the public may be confused into believing that the business of one is, or is connected with, that of another; and damage - were met. [read post]
14 Dec 2022, 8:02 pm by Mavrick Law Firm
  The appellate court explained that: “CMR and UCMS were service providers that … provided … construction services to the Association. [read post]
Heatmaps – Heatmaps collect user behavior data – such as button clicks and scrolling – to provide the website owner with a color-coded representation of the website elements that are the most (hot) and least (cold) interacted with. [read post]
13 Dec 2022, 11:17 am by Dan Harris
Getting on the same page will help you avoid common problems associated with a joint venture. [read post]