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23 Nov 2022, 8:25 am
The Foreign Earned Income Exclusion: Tests In order to meet the FEIE, you have to meet at least one of two tests: Bona Fide Residency Test To pass the Bona Fide Residency Test, you must prove that you’ve been a lawful permanent resident of a foreign country for a full tax year. [read post]
30 Sep 2010, 2:26 am
TTAB Finds "THE FLYER" Not Generic for Advertising Shopper ServicesSidestepping American Fertility, TTAB Finds "PAO DOCE WRAPS" Generic for Bakery ProductsLack of Bona Fide Intent:Precedential No. 28: Finding Lack of Bona Fide Intent, TTAB Sustains "MITHRIL" OppositionMutilation/Material Alteration:Test Your TTAB Judge-Ability: Is An Amendment From "MT RAINIER" To "RAINIER" Permissible? [read post]
15 Oct 2020, 1:01 pm
Turning to Tiger Lily’s opposition of Barclays’ application, Tiger Lily argued 1) Tiger Lily had priority and likelihood of confusion to Tiger Lily’s detriment because they were “first to file” following the 2013 lapse; 2) Barclays had no bona fide intent to use “Lehman Brothers” for the applied-for services, 3) Barclays abandoned the mark, and 4) fraud. [read post]
1 May 2019, 7:30 am
Commissioner, 74 T.C. at 494 and the existence of no bona fide debtor creditor relationship. [read post]
20 Sep 2010, 5:01 am
At the couple's preliminary examination before Judge Turner, the prosecutor argued that: a) the defendants were required to abstain from "medicating" with marijuana while their applications to the State of Michigan's Department of Community Health were pending; and b) the defendants did not have a bona fide physician-patient relationship with Dr. [read post]
7 Jul 2017, 4:39 am
” As to refugees seeking to come to this country, the Justices said the government could not enforce the suspension of entry as to one who had “a bona fide relationship” with an American individual or entity. [read post]
30 Jun 2015, 1:04 pm
The law, however, contains exemptions for, most notably, bona fide executives, administrators, and professionals (known more commonly as the “white collar” exemptions). [read post]
13 Aug 2014, 3:00 pm
In particular, the Regulation Z restriction expressly requires that an upfront credit report fee be bona fide and reasonable. [read post]
14 Oct 2016, 5:25 pm
In this regard, while the tests for leave to commence applications under sections 75 and 77 of the Act (refusal to deal and exclusive dealing) and section 76 (price maintenance) are slightly different and merely require “sufficient credible evidence to give rise to a bona fide belief” that an order could be made under these sections, the Tribunal found a number of deficiencies with CarGuru’s evidence. [read post]
27 Feb 2009, 6:41 pm
Because [the employer’s] defense that [the plaintiff] was an exempt employee under California law would, if successful, preclude any recovery for [the plaintiff], a bona fide dispute exists and the overtime pay cannot be considered ‘concededly due. [read post]
24 May 2012, 8:06 am
If the company timely objects to the involuntary filing, for the company to be placed in bankruptcy, the company also must: generally not be paying its debts as they become due unless those debts are subject to a bona fide dispute as to liability or amount, or have had a custodian appointed within the past 120 days to take possession or control of substantially all of its assets. [read post]
20 Apr 2011, 11:20 pm
" Thus, "an employer may designate a workweek used to calculate compensation that differs from the work schedule of its employees only if there is a bona fide business reason for doing so, which does not include the primary objective of avoiding the obligation to pay overtime. [read post]
11 Jul 2017, 10:45 am
In reaching this conclusion, the courts did what the Supreme Court had told them they could not do – they looked behind the stated, facially legitimate, bona fide reasons for the exercise of the president’s discretion to try to discern some darker, hidden motive on his part. [read post]
30 Oct 2016, 4:15 pm
Use any animal, reptile or fowl for the purpose of soliciting any alms, collections, contributions, subscriptions, donations, or payment of money except in connection with exhibitions, shows or performances conducted in a bona fide manner by recognized breeders’ associations, 4-H clubs or other similar bona fide organizations; Sell or offer for sale, barter or give away living rabbits, turtles, baby chicks, ducklings or other fowl under two months of age,… [read post]
11 Aug 2020, 12:20 pm
U.S. trademark law, which aims to protect marks only for bona fide commercial use, frowns upon and outlaws registrations that lack this actual intent or actual use. [read post]
24 Sep 2023, 1:22 pm
EPA’s AAI rule allows tenants to qualify for an environmental liability defense under CERCLA (called the “bona fide purchaser defense”) if the prospective tenant performs a Phase I prior to signing the lease. [read post]
21 Sep 2009, 8:22 am
This method is implicitly used when a departing equity owner has a bona fide third party offer and that offer must be matched by the company or remaining equity owners. [read post]
7 Jul 2022, 9:05 pm
Given that the incumbent board of directors is suspected of an ulterior desire to keep the management control under the guise of corporate value defense, the courts laid out (a) the presumption of ulterior motive and (b) the requirement of a bona fide management plan and a means to avoid irreparable harm to the corporation to overcome it. [read post]
30 Jun 2014, 8:58 am
Unfortunately for the trustee, § 544(a) does not involve avoiding a fraudulent transfer, and focuses instead on avoiding a judicial lien, a nulla bona return (i.e., the return of an unsuccessful writ of execution), and a lien that can be avoided by a bona fide purchaser of real property. [read post]
29 Jun 2009, 10:45 pm
Circuit Affirms Laches Ruling Dismissing "REDSKINS" Cancellation CAFC Vacates TTAB's "MOSKOVSKAYA" Vodka Ruling, Clarifies 2(e)(3) Materiality TestCAFC Affirms TTAB's "AIRFLITE" Cancellation: Preparations for Use Not Enough for Service Mark RegistrationRecommended Reading:More Recommended Reading: Jordan Weinstein's TTAB Year in ReviewRecommended Reading: Sandra Edelman on Proving Bona Fide IntentRecommended Reading: Glenn… [read post]
