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19 Mar 2013, 3:23 am by John L. Welch
Cir. 2003).Acquired distinctiveness may overcome a Section 2(e)(3) refusal, provided that the mark became distinctive prior to enactment of the NAFTA Implementation Act on December 8, 1993. [read post]
8 Aug 2017, 9:00 am by Lawrence B. Ebert
” Symbolic I, 116 U.S.P.Q.2d at 1412;Symbolic II, 2015 WL 6746544, at *8; Symbolic III, 2015WL 6746545, at *8. [read post]
8 Apr 2014, 12:11 pm by Mark Young
Furthermore, a finding of invalidity of the Directive does not cancel the ability for Member States under the e-Privacy Directive (2002/58/EC) to oblige retention of data. [read post]
25 Jan 2013, 8:11 am by Valerie M. Eifert
 The ALJ concluded that this section of the agreement had a chilling effect on Section 7 rights in violation of Section 8 (a)(1) of the Act. [read post]
15 Aug 2018, 3:11 am by Mary Beth Boyce
Contact us today for a free confidential, no-obligation case consultation at 1-877-746-5680. [read post]
29 May 2017, 11:54 pm by Eleonora Rosati
In 2015, a first judgment rejected a new argument: the taste of the cheese “Heks’nkaas”, a Dutch cheese, could be a protected creation under author rights.However, this is not over: the case will be brought in front of the Court of Justice, with two prejudicial question:1. [read post]
29 Jan 2019, 6:13 am by Florian Mueller
Olson does disclose the fact that his law firm, Gibson Dunn, represents Apple's contract manufacturers in the San Diego Apple v. [read post]
8 Apr 2014, 9:56 pm
” Factors relevant to a determination of whether undue experimentation would be necessary include: (1) the quantity of experimentation necessary, (2) the amount of direction or guidance presented, (3) the presence or absence of working examples, (4) the nature of the invention, (5) the state of the prior art, (6) the relative skill of those in the art, (7) the predictability or unpredictability of the art, and (8) the breadth of the claims. [read post]
28 Jul 2013, 2:41 am by Florian Mueller
Between 1 AM and 2 AM local time on Sunday, Samsung's counsel in the intellectual property dispute with Apple notified the court of a "final" Office action by the United States Patent and Trademark Office (USPTO) rejecting all claims of Apple's pinch-to-zoom API patent, U.S. [read post]
15 Sep 2022, 3:00 am by Jon L. Gelman
”Therefore the two Circuit Courts disagree on whether the Act preempts state-law claims for willful misconduct, but they and other circuits hold that the Act does not completely preempt other state-law claims, such as negligence claims.Petition for Certiorari 8/29/2022US Supreme Court Docket: Glenhave Healthcare LLC v Jackie Saldana, et al  Docket 20-56194Recommended Citation: Gelman, Jon L. [read post]
6 Jun 2022, 12:06 pm by Carmen N. Decot (Couden)
  With regard to the fifth element, the court noted that some cases have referred to the “denial” of FMLA benefits but clarified that the FMLA “does not require an actual denial of FMLA benefits” for a violation of the FMLA to occur. [read post]
25 Apr 2013, 10:46 am by Sara Hutchins Jodka
In Design Technology Group LLC dba Bettie Page Clothing (Case No. 20-CA-035511, 359 NLRB No. 96), the Board found that the employer, a clothing store, violated Section 8(a)(1) of the National Labor Relations Act (NLRA) by discharging three employees for engaging in what the Board deemed protected concerted activity after the employees posted messages on Facebook complaining about their working conditions. [read post]