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Relevant here, the Guides state that: When an ad represents that the endorser uses the endorsed product, the endorser must have been a bona fide user of it at the time the endorsement was givenAdvertisers are subject to liability for false or unsubstantiated statements made through endorsements, or for failing to disclose material connections between themselves and their endorsers; and endorsers also may be liable for statements made in their endorsementsAds presenting… [read post]
4 May 2016, 7:33 am by Jack Hill
  If the plaintiff’s lawyer is a bona fide trial lawyer, the insurance company’s settlement offer is likely to reflect the fact that if the case cannot be resolved, it will be tried. [read post]
2 Feb 2010, 2:21 am by gmlevine
Taking advantage of the recognition that a complainant has created for its mark is not a bona fide offering of goods or services, but there has to be proof of targeting not simply an allegation, Target Brands, Inc. v. [read post]
17 Sep 2015, 9:10 am by Julie O'Neill and Adam Fleisher
Simply put, a customer endorsement must be from an actual, bona fide user of the product or service and, if there is any material connection between the endorser and the advertiser that consumers would not reasonably expect but that would affect the weight given to the endorsement—such as payment or an employment relationship—then that connection must be clearly and conspicuously disclosed. [read post]
2 Oct 2014, 4:50 pm by Ronald Meisburg
  (It is to be expected that a similar limitation will be imposed in unfair labor practice proceedings where no bargaining unit issue is in play.) (3)  Finally, Board said that it will look at the work being done by the individuals in question and ask whether they are truly performing it in the same way as a bona fide independent business would. [read post]
7 Oct 2011, 5:42 am by Timothy Zick
Mandel (1972) held that the government must have a “facially legitmate and bona fide” reason for exclusion and strongly implied that courts were not empowered to look behind the government’s explanation. [read post]
He ordered the trustee to present a "bona fide contract to sell or otherwise administer" the debtor's house within 60 days. [read post]
25 May 2018, 9:39 am by James Hastings
“Use” of a mark means the bona fide use of such mark made in the ordinary course of trade, and not made merely to reserve a right in a mark. [read post]
7 Aug 2017, 8:00 am by Pulgini & Norton, LLP
However, the court explained that only modifications which impaired the marketability of titles required the consent of bona fide purchasers, such as modifications that altered the shape or area of lots, denied access, impeded drainage, imposed easements, or encumbered the manner and extent of use of which the lot was capable when sold. [read post]
16 Jan 2009, 9:00 am
" The EDNY ultimately decided the Brazilian residents should be given a "reduced deference" since they didn't have "bona fide connections to the U.S. [read post]
4 May 2007, 1:36 pm
The two portions must be combined and paid in full to the worker in order to ensure compliance with Labor Law Section 220.One area of concern to construction employers is the hourly credit to be taken for prevailing supplemental benefits provided where the employer provides health care and other such benefits to its workers through a bona fide ERISA plan. [read post]
25 Jun 2009, 9:05 am
PLAINTIFFS are informed and believe and based thereon allege that Defendants, and each of them, cannot articulate any legitimate, business-related reason or bona fide occupational qualification to excuse their conduct. 42. [read post]
12 Apr 2012, 10:13 am by Aaron Olsen
Bona fide relief from duty and the relinquishing of control satisfies the employer’s obligations, and work by a relieved employee during a meal break does not thereby place the employer in violation of its obligations and create liability for premium pay under Wage Order No. 5, subdivision 11(B) and Labor Code section 226.7, subdivision (b). [read post]
2 Dec 2007, 11:57 am
But I have to have some heuristic of sussing out your bona fides. [read post]
7 Sep 2011, 7:58 pm by Michael Atkins
The Lanham Act allows a party with a bona fide intent to use a trademark in the future essentially to pre-register the mark. [read post]
3 Jun 2011, 4:02 pm by EPSTEIN BECKER & GREEN, P.C.
 Under the FLSA, an employee, who is provided with a bona fide meal break, must be completely relieved of duty. [read post]
25 Jan 2010, 2:25 am by gmlevine
The dissent found that there was no confusing similarity between EDREAMS and and that the Respondent proved that it used the domain name for a bona fide offering of good or services. [read post]
14 Jan 2022, 3:25 am by David Lynn
As we discussed during the webcast, there are a few areas that companies may want to revisit now in their insider trading policies: The treatment of bona fide gifts – in the proposing release, the SEC says the disclosure “could address not only policies and procedures that apply to the purchase and sale of the registrant’s securities, but also other dispositions of the issuer’s securities where material nonpublic information could be misused such as, for… [read post]
23 Mar 2010, 8:12 am
With an ITU, you can now file if you have a bona fide intention to use the mark within six months of the date the mark is approved for registration by the USPTO. [read post]