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disparagement campaign in niche jewelry market could violate Lanham Act
11 Oct 2021, 5:23 am by Rebecca Tushnet
Roberto Coin, Inc. v. [read post]
43(B)log - http://tushnet.blogspot.com/
The Doctrine of Tax Estoppel in Ownership Status Disputes
11 Oct 2021, 4:54 am by Franklin C. McRoberts
There is now a growing body of Appellate Division case law firmly applying the doctrine of tax estoppel against individuals and entities taking positions contrary to those stated on tax returns, including one from just last week: Matter of Coven v Neptune Equities, Inc., 2021 NY Slip Op 05334 [2d Dept Oct. 6, 2021] [“Neptune’s S Corporation tax returns provided a Schedule K-1 reporting Walter as a shareholder. [read post]
New York Business Divorce - http://www.nybusinessdivorce.com/
Persistent Discord Within an Administrative Body
10 Oct 2021, 8:58 pm by Omar Ha-Redeye
The Court in Domtar Inc. v. [read post]
Slaw - http://www.slaw.ca/
Federal Circuit Clarifies Standards for Willful Infringement and Enhanced Damages While Reinstating, Affirming-in-Part and Reversing-in-Part Findings and Awards Below by the District of Delaware in Patent Infringement Action
10 Oct 2021, 5:18 pm by Gregory B. Williams
Pulse Elecs., Inc., 136 S. [read post]
Delaware Intellectual Property Litigation - http://delawareintellectualproperty.foxrothschild.com/
Federal Circuit Clarifies Standards for Willful Infringement and Enhanced Damages While Reinstating, Affirming-in-Part and Reversing-in-Part Findings and Awards Below by the District of Delaware in Patent Infringement Action
10 Oct 2021, 5:18 pm by Gregory B. Williams
Pulse Elecs., Inc., 136 S. [read post]
Delaware Intellectual Property Litigation - http://delawareintellectualproperty.foxrothschild.com/
Courtney Cox on Trade Secrets and Lying
10 Oct 2021, 9:35 am by Camilla Hrdy
" (Cox, 30-31) (quoting Advanta USA, Inc. v. [read post]
Written Description - http://writtendescription.blogspot.com/
N.Y. Derivative Suit Against China-Based Cayman Islands Company Settles for $300 Million
10 Oct 2021, 7:29 am by Kevin LaCroix
The company’s social media plans did not succeed; however, the company used the offering proceeds and other funds to invest in a number of ventures, including most notably in the then-nascent financial services company Social Finance, Inc. [read post]
The D & O Diary - http://www.dandodiary.com/
HOW YOU PLEAD ALLEGATIONS TO TRIGGER LIABILITY INSURER’S DUTIES IS CRITICAL
10 Oct 2021, 6:47 am by David Adelstein
An example of not pleading allegations in a complaint to trigger an insurer’s duties can be found in the Eleventh Circuit Court of Appeal’s decision in Tricon Development of Brevard, Inc. v. [read post]
Florida Construction Legal Updates - https://www.floridaconstructionlegalupdates.com/
Patently-O Bits and Bytes by Juvan Bonni
9 Oct 2021, 9:48 am by Juvan Bonni
Recent Headlines in the IP World: Ahmar Khan: Canada Lacks ‘Political Will’ to Waive COVID-19 Vaccine Patents, Bolivian Minister Says (Source: Global News) Andreas Curkovic: Psygen Announces That Psilocybin from Its Patent-Pending Process Has Been Used in Human Trial (Source: Yahoo Finance) Blake Brittain: Apple Loses (and Wins) Rulings in ‘Home Button’ Patent Dispute (Source: Reuters) Scott French: N2 Packaging Systems, LLC Expands its Global Patent Portfolio… [read post]
Patently-O - http://patentlyo.com/patent
Disney's Toy Story 4 daredevil not legally risky
8 Oct 2021, 8:07 am by Rebecca Tushnet
., Inc. v. [read post]
43(B)log - http://tushnet.blogspot.com/
non-toxic plausibly means nonharmful, but harmfulness still needs adequate pleading
8 Oct 2021, 8:06 am by Rebecca Tushnet
Johnson & Son, Inc., 2021 WL 4392300, No. 20-CV-3588 (RA) (S.D.N.Y. [read post]
43(B)log - http://tushnet.blogspot.com/
Federal Court holds that private employer’s mandatory vaccination policy is lawful
7 Oct 2021, 1:39 pm by Arslan Sheikh
Elizabeth Medical Center Inc., et al. [read post]
Employer Law Report - http://www.employerlawreport.com/
survey evidence disregarded in another vanilla case
7 Oct 2021, 1:09 pm by Rebecca Tushnet
It’d be interesting to find out.] [read post]
43(B)log - http://tushnet.blogspot.com/
Cole-Frieman & Mallon 2021 Q3 Update
7 Oct 2021, 6:37 am by CFM Admin
On September 15, Coinbase Financial Markets Inc, a subsidiary of Coinbase Global, Inc. [read post]
Hedge Fund Law Blog - http://www.hedgefundlawblog.com
[GuestPost] Opinion: Skirting FRAND requirements under the guise of promoting innovation and efficiency (Part II)
7 Oct 2021, 4:20 am by Annsley Merelle Ward
LG Electronics, Inc, the court observed in a case where Core Wireless asserted cellular SEPs obtained from Nokia that “[i]t is undisputed that the baseband chips referenced in Core’s infringement contentions are Qualcomm baseband chips. [read post]
IPKat - http://ipkitten.blogspot.com/
Pietro Pasquale Antonio Sgromo loses at CAFC: lack of subject matter jurisdiction
6 Oct 2021, 2:38 pm by Lawrence B. Ebert
CV 20-1030, 2021 WL 632496 (D. [read post]
IPBiz - http://ipbiz.blogspot.com/
[Eugene Volokh] Fifth Circuit on Amicus Briefs by Retired Federal Judges
6 Oct 2021, 2:31 pm by Eugene Volokh
ANZ Securities, Inc. (2017) (Ginsburg, J., dissenting) (same); Aurelius Capital Management, L.P. v. [read post]
The Volokh Conspiracy - http://www.volokh.com/
False endorsement remains broader than many state ROP laws
6 Oct 2021, 1:08 pm by Rebecca Tushnet
Take-Two Interactive Software, Inc., 97 N.E.3d 389 (N.Y. 2018). [read post]
43(B)log - http://tushnet.blogspot.com/
The Legal Implications of Datacenter Location (Guest Blog Post)
6 Oct 2021, 9:19 am by Eric Goldman
Bell Atlantic Internet Solutions, Inc.). [read post]
Technology & Marketing Law Blog - http://blog.ericgoldman.org/
Avoiding the PTAB by Private Agreement?
5 Oct 2021, 9:11 pm by Scott McKeown
§ 314(d) makes the decision to institute an IPR final and nonappealable. [read post]
Patents Post-Grant - http://www.patentspostgrant.com