Search for: "Bona Fide"
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7 Jun 2013, 10:11 am
If I'm right about this, then an employer should be able to win summary judgment even against a non-ministerial employee if there is no "genuine issue of material fact" that the employee was terminated for overtly violating a bona fide tenet of the faith, a legitimate, non-discriminatory reason for discharge. [read post]
8 Jul 2019, 2:27 pm
“Access to the portal will be limited to advertisers and advertising intermediaries who are accepted by WIPO, following a check on their bona fides. [read post]
19 Jun 2018, 1:00 pm
The first man to set foot on the moon scribbled the note on the back of a business card carried by Cicco's father, who was friends with Armstrong.These are some of the claims Cicco makes in a declaratory judgment (DJ) pleading her lawyer filed in Kansas federal court on June 6.Cicco's suit against the National Aeronautics and Space Administration seeks a declaration that she is the bona fide owner of the moon dust. [read post]
25 Sep 2019, 6:57 am
According to the Federal Circuit: To properly respond to a non-final Office action, regulations require a “bona fide attempt to advance prosecution,” which entails addressing each and every outstanding objection and rejection. [read post]
5 Dec 2018, 11:30 am
§ 1595a(c) as "[m]erchandise which is introduced or attempted to be introduced into the United States contrary to law," arguing that the fossil had been looted from Mongolia in violation of that country's patrimony and criminal laws and that it had been illegally imported into the U.S.Godwin's attorneys quickly asserted their client's claim of ownership over the skull in a September 2017 pleading that declared Godwin to be the bona fide… [read post]
28 Dec 2018, 4:41 am
Gabriel and Rosalie Gabriel, Opposition No. 91223574 [Opposition to registration of MEZQUILA for "alcoholic beverages except beer," on the grounds of lack of bona fide intent, genericness, mere descriptiveness, geographically deceptive misdescriptiveness, and deceptive misdescriptiveness].January 15, 2019 - 11:30 AM: In re Wenger S.A., Serial No. 85157939 [Refusal to register SWISS MILITARY for "watches of Swiss origin" on the ground of genericness, and… [read post]
7 Mar 2015, 7:19 pm
Whenever fraud has been 2 perpetrated in connection with any proceeding or in any statement filed under this [code] or if fraud is used to avoid or circumvent the provisions or purposes of this [code], any person injured thereby may obtain appropriate relief against the perpetrator of the fraud or restitution from any person (other than a bona fide purchaser) benefitting from the fraud, whether innocent or not. [read post]
16 Jun 2018, 5:27 pm
Applying Robertson v.Dhillon, 2015 BCCA 469, this Court confirmed that the test is akin to the test to be applied for summary judgment: whether, on the relevant facts and applicable law, there is a bona fide triable issue. [read post]
11 Jun 2020, 2:47 am
“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.So, ordinarily, a party wishing to prove abandonment starts by producing evidence of three consecutive years of nonuse of the mark, creating a prima facie case of abandonment. [read post]
8 Feb 2021, 11:53 am
We appreciate that the government has a legitimate interest in protecting bona fide national security interests, but the proceedings against Mr. [read post]
14 May 2024, 8:00 am
USCIS issued a Notice of Intent to Revoke (NOIR) the I-140 petition, arguing that the position outlined in the I-140 petition was no longer a bona fide job offer given the progression of the role. [read post]
15 Mar 2019, 5:00 am
Tarbert agreed that the rule needs to be finalized, and said that important considerations include exemptions for bona fide hedgers, accurate measures of deliverable supply, and parity between the three major wheat contracts.CFTC enforcement. [read post]
7 Oct 2018, 1:01 am
However, in two respects such contradictions can be very significant:FRAND licensing negotiations and disputes involve bona fide questions, making inconsistencies more problematic than in such a context as patent infringement.We're all among the potentially billions of judges sitting on the court of public opinion, and some companies spend huge amounts of money on PR agencies and departments--or even on advertising campaigns like Qualcomm's big-time self-promotion in San… [read post]
17 Nov 2017, 8:58 am
” However, on the facts he found that the problem had been overcome: under the US laws governing the rights of a bona fide purchaser for value (35 USC §261) and taking into account the circumstances at the time, on those facts the title had passed and the priority claim was still valid.Leaving it open for a sequelTrue to type, the (Chancery) judge found a way to make things right and avoid the red tape. [read post]
2 Feb 2013, 10:38 am
(1) advertisements that are subject to varying reasonable interpretations, 1 or more of which would be materially misleading when considered in the relevant context; (2) advertisements that are literally accurate, but could reasonably mislead a prospective client regarding a material fact; (3) references to a lawyer's membership in, or recognition by, an entity that purports to base such membership or recognition on a lawyer's ability or skill, unless the entity conferring such membership or… [read post]
6 Dec 2019, 1:16 am
Nokia is pretending to make a bona fide effort to address the issue. [read post]
23 Jan 2013, 6:09 am
The Boelk plaintiffs are current and former non-exempt, field service technicians who claim that defendants failed to pay them and other field service technicians all wages owed because: (1) the defendants’ restrictions on where technicians take breaks and what they can do during their breaks are such that the breaks are not bona fide, and are therefore compensable, and (2) defendants’ efficiency rating system compels employees to work through meal breaks without… [read post]
25 Jan 2013, 6:39 am
The Texas case involved a critical-but-flexible position (an account executive who was allowed to telecommute), and a legitimate, bona fide "serious health condition": the employee's husband had terminal cancer. [read post]
3 Nov 2017, 10:00 am
This amounts to judicial abdication, not bona fide engagement.Let's be clear: the DTSA does not permit inevitable disclosure injunctions of the kind that the court in Express Scripts may have ordered. [read post]
29 Jun 2013, 8:43 am
Patent settlement agreements are efficiency enhancing and legitimate when there are bona fide grounds for dispute.The agreements did not restrict competition in the market beyond the protection already offered by society via the patent rights Lundbeck already held and as has been confirmed by the European Patent Office (EPO). [read post]
