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17 Jun 2014, 3:01 pm by Michael Lowe
DWI Defense Expert Witness Testimony Through use of expert witnesses, the party opposing the admission of blood test evidence should attempt to bring out evidence of the unreliability of the blood test results in the current case. [read post]
6 Jun 2023, 3:23 am
TTABlogger comment: Is the evidence of eleven third-party uses sufficient when there was apparently no proof of the extent of use of the third-party marks? [read post]
4 Sep 2024, 3:13 am
No such evidentiary requirement for the Office's third-party registrations. [read post]
24 Apr 2024, 3:18 am by Yosi Yahoudai
Yorkey responded that there was no indication that Chidester suffered a seizure before the crash and that testing showed her blood alcohol level was “significantly over the legal limit. [read post]
4 Jun 2014, 10:01 am by Ronald Mann
”  The reasoning here is also somewhat obscure because the Court does not engage the idea that one party might induce another party to complete infringement of a method initiated by the first party; if the test requires actual inducement, and execution of the entire method, it really does not seem particularly standardless. [read post]
12 Jun 2015, 1:46 pm by Paul A. Cicelski
In other words, parties that failed to adequately perform (or even participate in) the last national EAS test can expect the FCC to be much sterner the next time around. [read post]
7 Aug 2007, 8:36 am
A Massachusetts court recently ruled that a “good health” requirement in a life insurance policy must be interpreted based upon what the contracting parties knew at the time the policy was issued (a subjective test), not based upon what in fact turned out to be true based on discoveries made at a later date (an objective test). [read post]
4 Sep 2013, 9:32 am by CJ.Harding
 There will be a monthly fee, and a deposit for the equipment, which may keep this out of the hands of everyone, but I think the other upsides are great: - takes note of location through GPS technology - take a photo of the person giving the breath test - sends this to email accounts of attorney’s and/or the parties - pocket-sized For those concerned about alcohol abuse, or accused of addiction, this is a useful remedy. [read post]
31 May 2020, 8:00 am by Hayleigh Bosher
The Confusion Test in European Trade Mark Law by Ilanah Fhima (Reader, University College London – and former Kat!) [read post]
23 Jul 2013, 9:25 am by Steve Baird
Let’s call it the Family Feud test of trademark suggestiveness . . . . [read post]
9 Dec 2016, 3:40 am
Opposer's mark was registered under Section 2(f), and applicant submitted evidence of nine third-party websites and 18 third-party registrations for marks or names that include the word FUNDAMENTAL in the financial field. [read post]
31 Jan 2013, 2:50 pm
Courts and commentators agree that there is no "bright-line test" for determining the necessary quantity or degree of participation to qualify as a "real party in interest" or "privy" based on the control concept. [read post]
2 Mar 2018, 12:10 pm by Brian Sutherland
According to the server test, a website operator displays an image if it sends a copy of the image from its server to the end user’s browser, but does not display an image if it merely embeds instructions (HTML) in its webpage that enable the end user’s browser to request the image from a third party’s server. [read post]
2 Mar 2018, 12:10 pm by Brian Sutherland
According to the server test, a website operator displays an image if it sends a copy of the image from its server to the end user’s browser, but does not display an image if it merely embeds instructions (HTML) in its webpage that enable the end user’s browser to request the image from a third party’s server. [read post]
19 Sep 2019, 4:08 pm by Oliver Yee and Kaylee Feick
  The Court established a new test, often referred to as the “ABC” test, for determining whether an individual works as an independent contractor or employee. [read post]
31 Dec 1969, 4:00 pm by Mitchell Bernard
Trump is testing our commitment, not to him or his party, but to the very idea of government by the consent of the governed. [read post]
27 May 2020, 1:22 pm by Ross Geller
They are tested by third-party labs to ensure they meet industry standards regarding quality, purity, and potency. [read post]
22 Jul 2023, 3:00 am by Chip Merlin
The Insurance Appraisal and Umpire Association (IAUA) has a test where the answer to a question is often “it depends. [read post]
2 Dec 2021, 10:00 am by James Kachmar
”  There was no dispute among the parties that plaintiff did hold a valid copyright in Soknodur (except as to the lyrics). [read post]
28 Jul 2014, 12:55 pm by Stephen Bilkis
Equitable estoppel may be raised as a defense to preclude a party from being compelled to submit to genetic testing. [read post]