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16 Sep 2014, 3:13 pm by Jason Rantanen
  Apple also challenged the expert’s 1% royalty rate, which relied on six allegedly comparable licenses and VirnetX’s “policy” of licensing its patents for 1-2%. [read post]
1 Sep 2023, 9:11 am by Eugene Volokh
" To determine whether speech is commercial, courts are to analyze three factors: "(1) is the speech an advertisement; (2) does the speech refer to a specific product or service; and (3) does the speaker have an economic motivation for the speech. [read post]
23 Nov 2009, 9:05 pm
In re The Wrestling Zone, Inc., Serial No. 77561949 (November 2, 2009) [not precedential]. [read post]
7 Sep 2011, 5:26 pm by Steven
The ruling comes in the case of John Wiley & Sons, Inc. v. [read post]
20 Jan 2015, 8:41 am
In Texas, the Supreme Court has described those implied obligations as a duty "(1) to develop the premises, (2) to protect the leasehold, and (3) to manage and administer the lease. [read post]
29 May 2018, 4:24 am by Andrew Lavoott Bluestone
Here, since the retainer agreement executed between plaintiffs and the Aboulafia firm, which constitutes “documentary evidence” within the purview of that section (see generally Fontanetta v John Doe 1, 73 AD3d 78, 84-85 [2d Dept 2010]), clearly limits the firm’s representation only to commencing a property damage claim against Marine. [read post]
12 Oct 2017, 9:19 am by John Elwood
John Elwood reviews Tuesday’s relists. [read post]
10 May 2011, 10:45 am by Sheldon Toplitt
John Does 1-25 (Case No. 2:10-cv-1275-DAK) cited First Amendment safeguards for unidentified environmental advocates who used the Internet to perpetrate a media hoax on plaintiff Koch Industries, Inc., as the basis for dismissing the company's lawsuit against the anonymous jokesters.In an 18-page memorandum of decision and order, U.S. [read post]
16 Sep 2008, 10:30 am
" The Board ruled that these kits are not "goods in trade" and it therefore affirmed the refusal under Sections 1, 2, and 45 of the Trademark Act. [read post]
3 Jul 2008, 7:00 am
In re Farouk Systems, Inc., Serial No. 78646723 (June 19, 2008) [not precedential].The Board observed that a mark is deceptive under Section 2(a) if (1) the term misdescribes the character, quality, function, composition, or use of the goods, (2) prospective purchasers are likely to believe that the misdescription actually describes the goods, and (3) the misdescription is likely to affect the purchasing decision.Applicant did not clarify whether its goods contain… [read post]
10 Jun 2020, 8:38 am by John Elwood
John Elwood reviews Monday’s relists. [read post]