Search for: "Bona Fide"
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8 Mar 2015, 5:22 pm
There has not been a lot of recent case law applying the CERCLA Bona Fide Purchaser Defense or innocent Landowner Defense. [read post]
24 Sep 2013, 7:25 pm
A testator's wishes regarding the appointment of a fiduciary even on a temporary basis will be honored unless there are serious and bona fide allegations of misconduct or wrongdoing. [read post]
9 Mar 2014, 7:05 pm
With this in mind, however, the court recognizes that a testator's wishes regarding the appointment of a fiduciary even on a temporary basis will be honored unless there are serious and bona fide allegations of misconduct or wrongdoing. [read post]
22 Jul 2016, 6:00 am
Answer #9 Yes, but those cases must not be frivolous (they must be based upon bona-fide employment offers.) [read post]
15 Aug 2014, 12:00 am
If a bona fide organization has certified a dog after testing his reliability in a controlled setting, a court can presume (subject to any conflicting evidence offered) that the dog's alert provides probable cause to search. [read post]
5 Jun 2018, 11:45 am
The court also takes into consideration that “it is ‘indicative’ of a ‘bad faith intent to profit’ from the mark if the person offering to transfer the domain name to the owner of the mark has never actually used or intended to use the domain name for bona fide sales of goods. [read post]
28 Jun 2013, 3:46 am
TTAB Affirms Refusal of PLAQUE-ZAPPER for Pet Treats Due to Faulty Specimen of UseConcurrent Use:Precedential No. 11: Junior User Awarded All of USA Except Arizona in "3 PALMS" Concurrent Use BattleFraud:TTAB Dismisses Fraud Claim for Lack of Proof of Intent to DeceiveSDNY Orders Cancellation of NISA SANTIAGO Registration on the Ground of FraudLaches:TTAB Dismisses YENKO Cancellation Petition, Finding Laches Based On 14-Year DelayLack of Bona Fide Intent: Precedential No. 23:… [read post]
1 Dec 2012, 5:19 pm
(c) Hedging or mitigating commercial risk.For purposes of section 2(h)(7)(A)(ii) of the Act and paragraph (b)(1)(iii)(B) of this section, a swap is used to hedge or mitigate commercial risk if:(1) Such swap:(i) Is economically appropriate to the reduction of risks in the conduct and management of a commercial enterprise, where the risks arise from:(A) The potential change in the value of assets that a person owns, produces, manufactures, processes, or merchandises or reasonably anticipates owning,… [read post]
9 Apr 2016, 2:55 am
It stated that whether a sign is used in a descriptive way by the majority of the public is dealt with by Article 7(1)(d). which addresses trade marks,consisting exclusively of signs or indications that have become customary in the current language or in the bona fide and established practices of the trade. [read post]
21 Apr 2015, 1:37 pm
Faster and less burdensome procedures will be a great improvement for successfully growing companies, mainly SMEs, which roll out their business beyond one Member State and seek trade mark protection in front of multiple national administrations [sounds impressive, but earlier conflicting national registrations do seem to be a problem for businesses which do all that rolling out across the EU, and plenty of those earlier national marks are bona fide ...] [read post]
5 Oct 2019, 8:54 am
Employers may also discriminate based on sex if that discrimination relates to a bona fide occupational qualification that is reasonably necessary to the normal operation of their businesses. [read post]
6 Dec 2017, 12:45 pm
The government can now deny visas to nationals of the six banned countries, including people who have a “bona fide” relationship with a person or entity in the United States. [read post]
1 Jun 2018, 10:15 am
" Further, once a domicile is established, it "continues until the individual in question moves to a new location with the bona fide intention of making such individual's fixed and permanent home there. [read post]
20 Sep 2013, 6:00 am
With regard to the Privacy Commissioner’s findings, the use of video surveillance and GPS is generally not permitted for productivity management although it may be permitted if the employer can show a bona fide safety or security reason for the surveillance. [read post]
30 Sep 2020, 8:57 am
As Omni Marian has helpfully figured out (cited in Leandra’s paper), Luxembourg was for some years issuing private letter rulings with next to no effort to do a bona fide tax analysis, as a way of helping EU companies avoid EU taxes. [read post]
11 May 2022, 4:46 am
Plain English pleaseNo latin (court aquo, causa, mero motu, verbatim, dies non, quid pro quo, bona fide, inter alia). [read post]
25 Feb 2015, 10:27 am
Presumably, the values on the other side of the ledger include not just avoiding over-burdening of the courts, but also upholding the bona fide adversarial structure (if one thinks it is a good thing) and perhaps limiting the courts' ability to throw their weight around, even when they can at least claim to be merely performing their normal interpretive function.Despite those concerns, it is plausible that current standing doctrine is far too narrow in some settings. [read post]
30 Jun 2020, 1:47 am
This all-encompassing scope is rather unfortunate as some parts of the EU enforcement framework are not completely appropriate for patent litigation involving disputes between bona fide commercial parties operating within the normal course of business. [read post]
21 Apr 2016, 11:39 am
In cases where there is bona fide descriptive use, there is no so-called "trade mark use" and vice versa. [read post]
29 Dec 2016, 2:53 pm
One of Nike's MarksThe Supreme People’s Court further found that the applicant knowingly registered the Trademark with the intent to obtain a free ride, at the cost of encroaching on Michael Jordan’s interest, which obviously violated the bona fide principle. [read post]
