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28 Jun 2011, 7:03 am by Josh Wright
  Still further, the bulk of economic theory and evidence on these contracts suggest that they are generally efficient and a normal part of the competitive process generating consumer benefits. [read post]
11 Oct 2010, 2:26 pm by Diana L. Skaggs
  The ex parte communication between Appellee’s counsel and the judge’s law clerk was insufficient to toll the time for amendment. [read post]
14 Jul 2014, 6:15 am by Wells Bennett
”  Indeed, the central legal precedent for the use of military commissions to try unprivileged belligerents is Ex parte Quirin, 317 U.S. 1 (1942) [LINK]. [read post]
24 Jul 2017, 10:42 am by Schachtman
The defense plowed on with its claim that many studies lacked statistical significance, but Cramer generally lost defense counsel in technical details. [read post]
6 Nov 2014, 3:24 am by briadm
The father of an Illinois woman who died from a gunshot wound has filed a wrongful death lawsuit against the woman’s ex-boyfriend. [read post]
20 Feb 2011, 10:37 pm by Legal Momma
Most women with idiotic ex-boyfriends and/or baby daddies would think this next story should be a revelation for Judges all over the world. [read post]
27 Oct 2017, 7:17 am by Rebecca Tushnet
This is what happens when only one side shows up to litigate—which is why it’s good to be nervous about ex parte proceedings. [read post]
7 Apr 2014, 9:39 pm
    Procedural History“The Patent and Trademark Office (“PTO”) conducted an ex parte reexamination of the ’453 patent and rejected claims 34–36 and 38 as obvious under 35 U.S.C. [read post]
30 Nov 2015, 9:11 am
.,135 S.Ct. 1293 (2015))recent federal registration decisions (proof of lack-of-bona fide intent; relevance of third-party uses and registrations)likelihood of confusion, distinctiveness of marks, sponsored linkstrade dress/product design, especially functionality and major differences among types of IPgeographic scope of injunctive reliefdamages and attorney fee awards under 35(a) of the Lanham Actassessment of "expenses" in ex parte de novo appeals to district… [read post]
14 Jun 2022, 3:43 am
It is found in three decisions by the Board so far this month: the MULLET genericness reversal (TTABlogged here), and two Section 2(d) cases: the BLACK DIAMOND ex parte decision (here), and the HEADSTRONG opposition (here). [read post]
2 Jul 2013, 4:39 am by John L. Welch
Perhaps the SQUAW decisions have some relevance to the REDSKINS case, although the former was an ex parte appeal. [read post]
13 Aug 2013, 4:12 am by John L. Welch
Therefore, the evidence was insufficient to prove the cited mark to be weak; but in any event, even weak marks are entitled to protection when the goods are identical and the marks at issue are similar.Applicant pointed to the lack incidents of actual confusion, but the Board noted that such an assertion carries little weight in an ex parte context, where the registrant has no opportunity to provide evidence.Finally, applicant maintained that the cited mark had been… [read post]
24 Dec 2014, 4:29 am by Lawrence B. Ebert
Br. 12) and this lacks merit both because attorney argument isnot evidence and because the claims are not so limited. [read post]
12 Dec 2018, 9:47 am by Sanford Hausler
  The New York law allowed ex parte orders, requiring a premises on which an alleged public nuisance was being conducted to be closed.Bringing a federal action against the City, the plaintiffs asserted that the City used the state court actions to compel property owners and leaseholders to enter into settlement agreements waiving their constitutional rights and that the so-ordered so-ordered settlement agreements violated the Fourteenth Amendment. [read post]
26 Jul 2015, 11:49 am by Michel-Adrien
""Some common objections to verbatim copying in judicial decisions include: (1) adoption of one party's fact-finding ex parte; (2) no independent decision-making; (3) no notice, hearing or opportunity for objection by other party; (3) no evidence to support adopting findings; and (4) improper delegation of decision-making power to a party. [read post]