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2 Apr 2013, 7:15 am by Rebecca Tushnet
 It claimed that the overall design and appearance was “inherently distinctive [clearly barred by Wal-Mart] and/or has acquired secondary meaning in the relevant marketplace,” and argued that defendants’ copying, plus successful sales and marketing since 1998, could be used to infer secondary meaning. [read post]
12 Jun 2013, 1:53 pm
  Perrigo's consumer-healthcare segment includes over 2,100 store-brand products which are marketed to major national chains such as Wal-Mart, CVS, Walgreens, Sam's Club and Costco. [read post]
1 Apr 2013, 8:25 pm by Kirk Jenkins
Comcast’s cert petition presented the case as a slam-dunk violation of Wal-Mart Stores, Inc. v. [read post]
11 Dec 2017, 9:33 am by Rebecca Tushnet
Now assume that this consumer is a bourbon drinker (because that is 1000 Stories’ target demographic) who goes to the store looking for a red zinfandel. [read post]
5 May 2015, 4:35 am by David DePaolo
But it also clearly divides Business and Labor because of that desire for control.And the opt-out movement is spreading in the South, as forecast, with attempts in Tennessee (on the legislative back-burner now until next session) and South Carolina, in sights for 2016.According to WorkCompCentral correspondent, Mike Whiteley, the Association for Responsible Alternatives to Workers' Compensation met in March with a group of South Carolina employers, Workers' Compensation Commission Chairman… [read post]
16 Mar 2014, 3:38 pm by Law Lady
WAL-MART STORES EAST, L.P., Appellee. 5th District.Venue -- Where settlement agreement, which had settled foreclosure action by mortgagor assigning to mortgagee 50 percent of the net proceeds awarded for damages in mortgagor's action against its insurance carrier in Miami-Dade County, contained mandatory venue selection provision requiring any litigation between mortgagor and mortgagee to be tried in Osceola County, trial court erred in denying motion to enforce the venue… [read post]
23 Jan 2017, 3:14 am
Of course, under Wal-Mart and Qualitex, single color marks are never inherently distinctive. [read post]
23 Jul 2013, 9:04 am by Abbott & Kindermann
County of Tehama (2009) 174 Cal.App.4th1217 (California Oak) ruling on this issue.BACKGROUND FACTS The Citizens for Ceres case arose out of the City of Ceres’ (City) approval of a 300,000 square foot shopping center, including a 200,000 square foot Wal-Mart store. [read post]
23 Jan 2013, 6:09 am by Seyfarth Shaw LLP
   This decision is significant for employers because the Court follows the instruction given by the Supreme Court in Wal-Mart Stores, Inc. v. [read post]
6 Feb 2013, 11:27 am by Seyfarth Shaw LLP
  In doing so, Espenschied  brings the Supreme Court’s decision in Wal-Mart Stores, Inc. v. [read post]
31 Mar 2019, 7:58 am
[Yes]JUST SAY IT for Books Confusable with and Dilutive of Nike's JUST DO IT, Says TTABTTABlog Test: Is DAILY FILL Confusable with DAILY'S For Gas Station Convenience Store Services? [read post]