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28 Sep 2020, 2:46 pm by Melissa E. Scott
In appealing the refusal of registration to the TTAB, Applicant NL LLC (“NL”) argued first that the Lanham Act’s use requirement does not require “lawful” use—it merely requires use in commerce. [read post]
13 Sep 2020, 11:07 am by Eric Goldman
Backpage.com, LLC, 817 F.3d 12, 22 (1st Cir. 2016) said on this point: “[C]laims that a website facilitates illegal conduct through its posting rules necessarily treat the website as a publisher or speaker of content provided by third parties and, thus, are precluded by section 230(c)(1). [read post]
4 Sep 2020, 10:21 am by Eric Goldman
Competitive keyword advertising lawsuits are still stupid, and they are still typically doomed in court. [read post]
1 Sep 2020, 5:25 am by Mark Edward Davis (CA)
The post Where the Rubber Hits the Road: Damages for Canadian E-Commerce Copyright Infringement appeared first on The Brand Protection Blog. [read post]
1 Sep 2020, 5:25 am by Mark Edward Davis (CA)
The post Where the Rubber Hits the Road: Damages for Canadian E-Commerce Copyright Infringement appeared first on The Brand Protection Blog. [read post]
31 Aug 2020, 3:00 pm by Kevin LaCroix
  First, securities class action plaintiffs attorneys have been hooked by activist short-sellers, whose singular objective is to earn above-market returns through the dissemination of financially incentivized research that drives the decline in stock price of U.S. [read post]
27 Aug 2020, 9:35 am by Thomas Key
US courts are split as to the proper test for extraterritorial application of the Lanham Act; the First Circuit requires that the foreign conduct have a "a substantial effect" upon US commerce while the Ninth Circuit merely requires "some effects" upon US commerce. [read post]
18 Aug 2020, 7:53 am by Rebecca Tushnet
., LLC, 2020 WL 4698984, No. 1:17-cv-142-RJS-DAO (D. [read post]
10 Aug 2020, 9:38 am by David Gallacher and Keeley A. McCarty
First, the Order requires agencies to divide the non-competitive awards among two or more U.S. manufacturers, but only “as appropriate. [read post]
28 Jul 2020, 1:59 pm by Kevin LaCroix
In this paper, we first compare the trends in the number of cases filed in Japan and Delaware, and then analyzed the trend of (1) the premium of the court decision price over the “merger price” (or a price agreed between the parties during transaction), (2) the approaches deciding the fair price, and (3) the total amount of award using our database of decisions by Japanese and Delaware courts up to 2019. [read post]