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15 Jun 2020, 3:58 am by Jesse Mondry
If Company A sues Company C for matters arising under Company A’s contract with Company B, can Company C require Company A to resolve the dispute in Arbitration? [read post]
24 Aug 2021, 5:03 am by Katharina Schmid (schmid-ip)
Under EU trademark law, a trademark may be revoked if it becomes a misleading indication as to the nature, quality or geographical origin of the goods or services it designates after the date on which it was registered, as a result of the use made of it by its proprietor or with its consent (Art. 58(1)(c) EUTMR and Art. 20(b) Trademarks Directive [“TMD”]). [read post]
24 Aug 2021, 5:03 am by Katharina Schmid (schmid-ip)
Under EU trademark law, a trademark may be revoked if it becomes a misleading indication as to the nature, quality or geographical origin of the goods or services it designates after the date on which it was registered, as a result of the use made of it by its proprietor or with its consent (Art. 58(1)(c) EUTMR and Art. 20(b) Trademarks Directive [“TMD”]). [read post]
3 May 2019, 6:51 am by Joy Waltemath
In a case that sent shudders through the California employer community, the ABC test adopted by the California Supreme Court in Dynamex Operations West, Inc. v. [read post]
1 Jun 2020, 3:07 am by Neil Wilkof
To succeed under section 8(7)(a) based on a claim of passing off, an opponent must establish a prima facie case of passing off in accordance with the three recognized elements, namely -- (a) goodwill;(b) misrepresentation; and(c) damage. [read post]
11 Nov 2019, 2:52 pm by Aaron Mackey
§ 230(c)(2)(B)) that provides immunity for parties that build tools to block material online applied and dismissed the case. [read post]
30 Jul 2015, 9:00 am by Vera Ranieri
Recently, a company called Tzu Technologies, LLC began suing makers of sex toys for infringement of U.S. [read post]
31 Mar 2017, 12:08 pm by Daniel Nazer
Louisiana Tech sold the ’532 patent to Micoba LLC, a company that has all the indicia of a classic patent troll. [read post]
23 Feb 2012, 9:55 am by Eric Schweibenz
Respondents Barnes & Noble, Inc. and barnesandnoble.com LLC (collectively, “Barnes & Noble”) opposed the motion, arguing that (1) subsections (A) and (B) of § 1337(a)(3) are limited to manufacturing activities and neither Microsoft, HTC (maker of Microsoft’s Windows Phone 7 domestic product, the HTC Surround) nor Amazon.com make the domestic industry products in the U.S.; (2) Microsoft failed to show that Amazon.com’s investments are… [read post]
23 Oct 2013, 5:35 am by Administrator
The most-consulted French-language decision was R. c. [read post]
6 Sep 2007, 4:01 am
There is, for example, no section 751 equivalent for C corporations, aside from a few narrow situations. [read post]
3 Apr 2012, 2:08 pm by Cynthia Larose
  Based on her investigation, Coakley alleged that MPI violated G.L. c. 93H et seq., the Massachusetts Standards for the Protection of Personal Information of Residents of the Commonwealth, 201 CMR 17.00 et seq., and the Massachusetts Consumer Protection Act (G.L. c. 93A, § 2) by (a) maintaining personal information on an unencrypted laptop, and (b) failing to follow its own Written Information Security Program, as required by 201 CMR 17.03. [read post]
6 Mar 2019, 8:53 am by Sarah Grant
Only defenses that are inevitably based on the complaint can be raised in a Rule 12(b)(6) motion, he says, and there are no clear allegations in this case that make the defense inevitable. [read post]
22 Nov 2023, 11:08 am by Richard Reibstein Esq.
While some independent contractors hold themselves out as individuals, many individuals operating as limited liability companies (LLCs) or under trade names do not disclose that they are actually only single-individual operations. [read post]