Search for: "Bona Fide"
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15 Sep 2014, 11:45 am
To encourage more reuse of brownfields, Congress amended CERCLA to provide a liability defense to prospective purchasers of property who perform adequate due diligence pre-acquisition (i.e. the "Bona Fide Purchaser Defense" or BFPD). [read post]
7 Oct 2014, 3:12 am
" The Board therefore sustained the opposition, declining to consider the additional grounds of likelihood of confusion and lack of bona fide intent.Read comments and post your comment hereTTABlog note: What do we learn from this decision? [read post]
10 Sep 2024, 3:00 am
§ 1.162-5 : (1) it maintains or improves skills needed for the employee's job, or (2) it is required by the employer or by law for the employee to keep their present salary, status, or job, and serves a bona fide business purpose of the employer. [read post]
29 Jan 2013, 4:02 pm
Associations are permitted to adopt: ● bona fide safety requirements, consistent with an applicable building code or recognized safety standard, for protection of persons and property; ● a requirement that the charging system be registered with the association within 30 days after installation; ● reasonable aesthetic provisions that govern the dimensions, placement, or external appearance of an electric vehicle charging system. [read post]
10 Jun 2014, 1:54 pm
In his dissent, Judge Pellegrini, joined by Judge McGinley, opined that the Board erred in finding the County had not committed an unfair labor practice, as the County failed to negotiate to a bona fide impasse before subcontracting. [read post]
9 Jul 2015, 3:28 pm
• The exception would only apply where the NPP is a bona fide employee of the physician (or physician's practice). [read post]
7 May 2019, 2:58 am
The Board found that the showing of the sample "was more in the nature of a preliminary advisory consultation than bona fide use of the MAXVOLINE mark in trade. [read post]
19 Jul 2019, 1:36 am
Lynch).As in JJ206, in an intent-to-use application, “where the identified goods are illegal under the [CSA], the applicant cannot use its mark in lawful commerce, and ‘it is a legal impossibility’ for the applicant to have the requisite bona fide intent to use the mark. [read post]
18 Feb 2020, 4:11 am
"Accordingly, Opposer has established the necessary relationship to New Cingular such that it 'can reasonably believe that damage to the subsidiary will naturally lead to financial injury to itself,'" and opposer thus proven that it has standing to pursue its false connection claim under Section 2(a).The Board then set a schedule for discovery and trial of the substantive issues in the case.Read comments and post your comment here.TTABlog comment: Now AT&T has to prove its… [read post]
18 Jul 2013, 8:53 am
The seniority or merit exception authorizes an employer to implement a bona fide seniority and merit system, even if this results in different terms and conditions of employment for servicemembers, so long as any differences are not the result of an intention to discriminate on the basis of military service. [read post]
8 Dec 2014, 3:23 pm
" Once a landowner challenges its right to exercise eminent domain, "the burden falls upon the pipeline company to establish its common-carrier bona fides if it wishes to exercise the power of eminent domain. [read post]
23 Dec 2014, 2:46 pm
(Perhaps the Opponent had bona fide intentions of trading in chickens with random numbers of legs, which might appeal to families whose members all like a leg). 36. [read post]
27 Aug 2013, 7:51 am
This leaves may buyers or tenants with choosing between costly VAP cleanups or performing due diligence to try and establish the federal "Bona Fide Purchaser Defense." [read post]
17 Dec 2018, 9:26 am
(“Applicant”) applied to invalidate the BRENT Marks under various sections of the Trade Marks Act (“TMA”) on the basis that they were:(1) Devoid of any distinctive character;(2) Exclusively descriptive of the claimed services; and(3) Generic signs or indications, which had become customary in the current language or in the bona fide and established practices of the trade.The learned IP Adjudicator, Professor David Llewelyn, decided in favor of the Applicant… [read post]
21 Feb 2017, 4:35 am
If the employer has a bona fide and consistently applied zero-tolerance policy for no-call/no-shows, then the NLRA likely does not protect those employees for their participation in the “Day Without” strike. [read post]
10 Oct 2019, 10:00 pm
A registered mark confers several additional benefits to the owner of the mark, including: (a) notice, as infringers are charged with knowledge of the registration and the benefits derived thereunder; (b) deterrence, stemming from use of ® symbol; (c) national protection against later adopters; (d) incontestability after five years of registration; (e) prevention of cybersquatting as it is easier to establish a bona fide commercial interest in a registered… [read post]
29 Jul 2013, 1:27 pm
"The district court erred, however, in entering judgment against Maryland Square on NDEP's CERCLA claim without giving Maryland Square an opportunity to correct the deficiencies in its 'bona fide prospective purchaser' submission. [read post]
5 Jan 2017, 7:24 am
Specifically, the CII praised the proposed change to the “bona fide nominee rule” to require that a nominee consent to being named in any proxy statement, as opposed to providing specific consent for an opponent’s proxy card, but suggested that requiring nominees of each party be grouped together clearly with applicable statements of support would address any potential concerns regarding inaccurate appearances of approval. [read post]
8 Jun 2014, 12:00 am
The government contended that there was a secret deal between the bank and Enron in which Enron guaranteed to buy the barge back after a brief period, thus rendering the initial investment of Merrill's risk-free, and making fraudulent any reporting of the transaction as a bona fide venture. [read post]
6 May 2024, 10:00 pm
An exception applies for non-competes entered into pursuant to a bona fide sale of a business entity, the assets of a business, or a person’s interest in a business entity. [read post]
