Search for: "MATTER OF W L C L B L" Results 361 - 380 of 744
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31 Oct 2015, 4:29 pm
”In contrast section 8 of the Representation Agreement Act provides:Test of incapability for standard provisions8  (1) An adult may make a representation agreement consisting of one or more of the standard provisions authorized by section 7 even though the adult is incapable of(a) making a contract,(b) managing his or her health care, personal care or legal matters, or(c) the routine management of his or her financial affairs.(2) In deciding whether an… [read post]
23 Oct 2015, 1:07 pm by Rebecca Tushnet
  These reasons include: the claimed matter is functional, meaning it affects the cost or quality of the product or service; the claimed matter is merely descriptive, meaning that consumers don’t understand that it indicates source and instead think that it just describes some characteristic of the product; the claimed matter is deceptively misdescriptive, which is like descriptiveness except not true; the claimed matter is deceptive; the claimed… [read post]
17 Oct 2015, 2:03 pm by Rebecca Tushnet
L’Oreal—a model sues L’Oreal for putting her picture on a package and the court got tied up in whether the subject matter was photograph or face. [read post]
17 Oct 2015, 5:29 am by Schachtman
Lasker,“Defending Daubert: It’s Time to Amend Federal Rule of Evidence 702,” 57 William & Mary L. [read post]
2 Oct 2015, 1:31 pm by Rebecca Tushnet
  Of course, under Drassinower’s modality, she has no right to say anything b/c no derivative works right. [read post]
29 Sep 2015, 2:12 pm
`Dismissal under Fed.R.Civ.P. 12(b)(6) is appropriate when a defendant raises a statutory bar,’ such as lack of timeliness, `as an affirmative defense and it is clear from the face of the complaint, and matters of which the court may take judicial notice, that the plaintiff's claims are barred as a matter of law. [read post]
26 Sep 2015, 7:22 am by Rebecca Tushnet
 Copyright and real estate are different b/c of building and borrowing as key feature of creativity. [read post]
25 Sep 2015, 9:31 am by Rebecca Tushnet
  B/c author saw the notice, can be inferred that he transferred the rights. [read post]
17 Sep 2015, 11:58 am by Rebecca Tushnet
  Legislative support for it needed b/c every tech can be circumvented. [read post]
31 Aug 2015, 2:10 pm
 `Dismissal under Federal Rules of Civil Procedure Rule 12(b)(6) is appropriate when a defendant raises a statutory bar,’ such as lack of timeliness, `as an affirmative defense and it is clear from the face of the complaint, and matters of which the court may take judicial notice, that the plaintiff's claims are barred as a matter of law. [read post]
6 Aug 2015, 11:03 am by Rebecca Tushnet
Cir. allowed the spinal implant to be patented b/c the doctor would see it. [read post]
6 Aug 2015, 9:11 am by Rebecca Tushnet
Hargis is consistent w/ the procedural approach: b/c registration and infringement are judged by the same standards, preclusion can apply. [read post]