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25 Mar 2019, 2:07 pm
To succeed in a premises liability matter, an injured plaintiff must prove the following elements: The property owner was aware of the existence of a dangerous condition, or should have known of the existence of such a condition; The property owner failed to correct the condition or failed to warn of the condition; The plaintiff was injured as a direct result of the dangerous condition; and The injuries suffered by the plaintiff are quantifiable as damages. [read post]
12 Nov 2009, 5:25 am by William J. Broderick
ConsensusDOCS is an organization that has developed construction contracts endorsed by 23 leading industry associations representing owners, contractors, subcontractors, designers and sureties. [read post]
7 Mar 2007, 7:18 am
Owners of the Jimi Hendrix family of trademarks have sued over use of the deceased musician’s name in connection with the marketing of vodka. [read post]
4 Nov 2021, 4:46 am
 We presume that the owner of the cited registrations did not perceive its MATCH marks as interfering with the prior-registered MATCH marks and that the owners of those prior registrations did not perceive Registrant’s MATCH marks as interfering with their use of their MATCH marks. [read post]
27 Jun 2008, 10:09 pm
No co-owner may exempt himself from contributing toward such expenses by waiver of the use or enjoyment of the common elements or by abandonment of the apartment belonging to him. [read post]
27 Jun 2008, 11:00 pm
No co-owner may exempt himself from contributing toward such expenses by waiver of the use or enjoyment of the common elements or by abandonment of the apartment belonging to him. [read post]
2 Jan 2011, 9:03 pm by Michael Atkins
Indeed, the trade dress owner has the burden of proving nonfunctionality. [read post]
1 Aug 2013, 11:05 am
Please contact us at Levow & Associates for a free consultation. [read post]
27 Sep 2016, 9:42 am by Ed. Microjuris.com Puerto Rico
Torruella’s controversial keynote speech at the Puerto Rico Bar Association Convention offered on Saturday, September 10, 2016. [read post]
25 Feb 2009, 4:15 am
In each case, the American Intellectual Property Law Association (AIPLA) has filed an amicus brief arguing that the TTAB's fraud standards are inconsistent with the elements of common law fraud set out by the CAFC in prior rulings. [read post]
2 Mar 2021, 12:47 pm by INFORRM
This was the one element of the case on which the judge declared last month that he could not rule without hearing witness evidence, but given the rest of the judge’s findings it appears a marginal issue and it is hard to see what Associated hopes to gain. [read post]
2 Jun 2011, 3:13 pm by Molly Foley-Healy
A limited common element or general common element of an association. [read post]
21 Apr 2022, 8:43 pm by Gabriel Sutton
When a dog bites someone—even just once—the associated losses can add up fast. [read post]
29 Sep 2012, 12:11 pm by Andy Dorchak
There are, however, elements of the labor dispute that may well resonate with folks other than football fans and gamblers. [read post]
7 Feb 2012, 12:57 pm
Other precedential examples of "material alterations" requiring unit owner votes have included the redecorating of common-element facilities, painting the exterior of buildings, and changes to roofs or pool-deck flooring. [read post]
19 May 2015, 8:45 am
” The danger of allowing the “in connection with” element to suck in speech on political and social issues through some strained or tangential association with a commercial or transactional activity should thus be evident. [read post]
22 Jul 2010, 10:49 am
Below follows a discussion of each of the elements of adverse possession. [read post]
23 Apr 2019, 11:10 pm
Moreover, according to section XIV (formerly section XIII) of article 90, “[t]he identical or confusingly similar names to the titles of literary or artistic works, as well as the reproduction or imitation of the elements of said works; when … they have such relevance or recognition that they may be liable to deceive or mislead the public because they unfoundedly believe that there is any relationship or association with said works”, are not eligible of trademark… [read post]
22 Aug 2013, 12:12 pm
In this case, all five of the elements appear to have been met. [read post]