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29 Aug 2011, 10:07 pm by Venkat
The re-seller should have some amount of leeway to use the trademark owner's mark in order to refer to the trademarked goods and in the re-seller's domain name, but the court's order doesn't cut the re-seller much slack. [read post]
29 Aug 2011, 7:43 am by Kelly Phillips Erb
This rule dates back to 1967, when the Supreme Court decided in National Bellas Hess v. [read post]
25 Aug 2011, 10:42 pm by Russell Jackson
[A] jury may rely on circumstantial evidence to infer that a product that malfunctioned was defective at the time it left the manufacturer's or seller's control if the plaintiff presents evidence establishing that (1) the incident that caused the plaintiff's harm was of a kind that ordinarily does not occur in the absence of a product defect, and (2) any defect most likely existed at the time of the product left the manufacturer's or seller's control and… [read post]
24 Aug 2011, 5:00 pm by John Ahlers and Paige Spratt
In the sale of goods contracts, it is common for sellers to limit the remedies available to buyers of goods in the event the goods prove defective (see UCC 2-719)protecting the supplier/seller from liability for consequential damages.In AIA 201 (2007) § 15.1.6, both Owner and Contractor "waive Claims against each other for consequential damages arising out of or relating to" the construction contract. [read post]
24 Aug 2011, 10:48 am by Ann Carlson
Our report will form the basis of testimony Cutter and Horowitz will provide today at a hearing CARB will hold to consider its final scoping plan to implement AB 32 and at which it will consider a supplemental Environmental Impact Report (EIR) about the scoping plan (the EIR was prepared by CARB in response to the judge’s ruling in Association of Irritated Residents v. [read post]
23 Aug 2011, 5:47 pm
In such a case, the seller is offering to sell the invention once he has conceived of it. [read post]
23 Aug 2011, 4:21 pm
  Does the candy bar seller really get to keep the millions he rips off from other people, and only have to refund the $20 to those few people who can afford to spend $300+ to file a $20 lawsuit? [read post]