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18 Nov 2007, 8:47 pm
MARK DEAN SCHWAB, Defendant. ___________________________________/ ORDER DENYING DEFENDANT'S SUCCESSIVE MOTION TO VACATE OR STAY EXECUTION This matter came before the Court upon the Defendant's Successive Motion to Vacate Sentence or Stay Execution, filed late in the afternoon on Friday, November 9, 2007. [read post]
18 Nov 2007, 8:47 pm
MARK DEAN SCHWAB, Defendant. ___________________________________/ ORDER DENYING DEFENDANT'S SUCCESSIVE MOTION TO VACATE OR STAY EXECUTION This matter came before the Court upon the Defendant's Successive Motion to Vacate Sentence or Stay Execution, filed late in the afternoon on Friday, November 9, 2007. [read post]
15 Jan 2018, 9:01 pm by Joanna L. Grossman
Did his decision to donate his salary to a women’s defense fund rectify any harm created by the pay disparity in the first place? [read post]
23 May 2013, 5:00 am by Bexis
Where an advisor or a consultant is not subject to the control of the party opponent with respect to consultation he or she is hired to give, the consultant cannot be deemed an agent.2013 WL 1953753, at *3 (citations and quotation marks omitted). [read post]
24 Sep 2015, 8:48 am by Rebecca Tushnet
While use of a mark is evidence of intent to use a mark, “the only relevant intent is intent to confuse. [read post]
29 Jun 2012, 4:21 am by Richard Hornsby
If no conditions of release can reasonably protect the community from risk of physical harm to persons, assure the presence of the accused at trial, or assure the integrity of the judicial process, the accused may be detained. [read post]
10 Apr 2012, 10:33 am by Travis Crabtree
Basic Trademark Law To establish trademark infringement under the Lanham Act, a plaintiff must prove: (1) that it owns a valid mark; (2) that the defendant used the mark "in commerce" and without plaintiff's authorization; (3) that the defendant used the mark (or an imitation of it) in connection with the sale, offering for sale, distribution, or advertising" of goods or services; and (4) that the defendant's use of the mark is likely to… [read post]
10 Apr 2012, 10:33 am by Travis Crabtree
Basic Trademark Law To establish trademark infringement under the Lanham Act, a plaintiff must prove: (1) that it owns a valid mark; (2) that the defendant used the mark "in commerce" and without plaintiff's authorization; (3) that the defendant used the mark (or an imitation of it) in connection with the sale, offering for sale, distribution, or advertising" of goods or services; and (4) that the defendant's use of the mark is likely to… [read post]
2 Mar 2012, 10:17 am by Rebecca Tushnet
Stacey Dogan, Professor, Boston University School of Law Looking back: Legitimate goals of TM law—critics say courts have been diverging from those goals in various ways that harm speech and competition. [read post]
26 Aug 2010, 7:23 am by B.W. Barnett
Expended shells seized during a search of Jackson’s house had similar bunting markings as the shells found at the scene of the murder. [read post]
3 Apr 2018, 9:30 pm by Kelly Funderburk
In fact, survey results cited in FDA’s own deeming rule indicate the reverse: Many adult consumers think e-cigarette use is just as harmful, if not more harmful, than smoking tobacco cigarettes. [read post]
12 Sep 2011, 10:54 am by Mike Scarcella
” “Any marks on animals were superficial and no different than what elephants inflict upon themselves while playing or scratching with branches or on bushes,” the defendant’s lawyers said in a brief in the appeals court. [read post]
21 Jul 2010, 7:22 am by Carey, Danis & Lowe
Avandia has been associated in several studies with a marked increase in heart problems, including life-threatening heart failure. [read post]
14 Aug 2008, 6:49 pm
  My Damon Key colleague Mark Murakami, who was part of the team that put this brief together, has blogged about the case over at hawaiioceanlaw.com here, here, and here. [read post]