Search for: "No Ordinary Designer Label Limited"
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22 Apr 2016, 12:51 pm
Thus, it was impossible for the Manufacturers to comply with both their state-law duty to change the label and their federal law duty to keep the label the same. [read post]
4 Feb 2013, 6:11 am
Indeed, the labels were “plainly false and designed to confuse. [read post]
26 Sep 2008, 2:34 am
Especially since even a popular original wedding dress design is likely to have a limited run, as no bride likes to see her dress walking down every aisle in town. [read post]
27 Jun 2016, 2:00 am
However, some commentators have challenged that label and its meaning. [read post]
24 Sep 2015, 5:24 am
That the device in question wasn’t covered by express preemption in no way limits the applicability of implied preemption:To the extent [plaintiff] posits that anything other than our ordinary pre-emption principles apply under these circumstances, that contention must fail [because] . [read post]
7 May 2012, 12:06 pm
Recognize that nontraditional signs work differently in the ordinary case. [read post]
28 Jan 2013, 4:35 am
In any event, infringement is based on the design as a whole, not any points of novelty; the design patent is infringed if the ordinary observer would find them substantially the same/deceptively similar. [read post]
17 Apr 2018, 8:33 am
Plaintiff suffered horrific injuries after taking a generic version of a pain medication and sought to sue generic drug makers for defective design. [read post]
31 Jul 2019, 6:55 am
For ask-a-lawyer or limited-scope representation projects, to ensure that consumer inquiries and messages get routed to the right lawyer. [read post]
9 Aug 2011, 4:13 pm
Health reform supporters have labeled lawsuits challenging its constitutionality as silly, frivolous, and purely political. [read post]
3 Dec 2013, 7:54 am
Under the FDCA, warranty claims are plainly based on labeling:Because such advertising and promotional materials are considered labeling, and because labeling is limited by federal law to the information contained in the brand-name drug’s labeling, all of the warranty claims against the Generic Manufacturers based on these materials are preempted under Mensing.Id. at 19. [read post]
30 Dec 2013, 5:25 am
The implied preemption rationale that design claims demand the “impossible” because design changes require FDA preapproval isn’t limited to generic drugs. [read post]
21 Feb 2022, 2:37 pm
" … The second reason we gave for concluding that the interior designer licensing scheme did not violate the First Amendment was that, if "the government enact[ed] generally applicable licensing provisions limiting the class of persons who may practice the profession, it cannot be said to have enacted a limitation on freedom of speech … subject to First Amendment scrutiny. [read post]
27 Nov 2012, 9:34 pm
Similarly, Conservative MP Ron Cannon stated:Our government also understands the difference between a large-scale violator and an ordinary consumer. [read post]
12 Jan 2021, 3:59 am
While the pixelated design may be antiquated since it was once ‘mandated by technological limitations,’ given the ubiquity of the design in the ‘early days’ of computing, consumers would view pixelated lettering as ordinary. [read post]
26 Jun 2023, 8:34 am
It also noted that other lower courts applying the test limited its application to similar cases, in which a trademark is used not to designate a work’s source, but solely to perform some other expressive function. [read post]
15 Apr 2019, 6:22 am
The visual trade dress of the provider of the service, perhaps, but why even limit it to the visual?] [read post]
22 Jul 2013, 8:01 am
Pom Wonderful didn’t change that; it was limited to the Lanham Act and didn’t deal with the presumption against federal preemption of state health/safety law. [read post]
18 May 2010, 8:49 am
It has further been alleged that these products were defective with respect to their design, manufacture, marketing, labeling, packaging, selling and lack of appropriate necessary warnings and instructions for use. [read post]
26 Apr 2012, 7:49 am
The federal government has designated specific routes for haz-mat trucks. [read post]
