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2 Oct 2011, 3:45 pm by Andrew Berger
In other words, Kirtsaeng stated that Wiley should not complain that he, as lawful owner of the goods, resold them here because Wiley had already received a fair return for those goods abroad. [read post]
18 Jun 2009, 1:46 am
[IPKat comment: 2 huge problems with this - (1) all these factors go towards showing that there's a link between the marks, but they don't really show that the link has 'rubbed off' on the later mark to give its owner an unfair advantage; (2) these are the factors that were used in relation to detriment to distinctive character, but the court has just said that these are two different types of harm; (3) the ECJ in Intel v CPM said such factors are insufficient for… [read post]
13 Jun 2022, 6:46 pm by Francis Pileggi
The Chancery Court recently required Authentix Holdings L.P. directors who were also employees of the brand protection services company’s controlling stockholder, private equity giant The Carlyle Group, to show that Authentix’s sale to Carlyle-connected Blue Water Energy met Delaware’s exacting entire fairness standard, in Manti Holdings LLC et al. v. [read post]
3 Jun 2010, 10:13 am
Miranda rights suffer another setback in the United States Supreme Court case of Berghuis v. [read post]
” Additionally, SFFA asserts that West Point’s policies violate “every” principle from Students For Fair Admissions v. [read post]
24 Dec 2009, 7:20 am by Mark A. Eskenazi
New York State Appellate Division, 3rd Department: Detraglia v. [read post]
10 Jun 2008, 1:50 am
Turning next to Defendants defense of fair use, the Court held that (quoting Campbell v. [read post]
14 Mar 2008, 7:46 pm
  For example, in Woodard v FedEx Freight East, Inc., decided February 19, 2008, the federal judge in Pennsylvania agreed that a companion state class overtime action to a federal overtime action was the "antithesis" of the FLSA collective action and undermined the FLSA. [read post]
16 Apr 2008, 2:00 pm
    The State of South Carolina launched into uncharted territory when it disallowed the bid protest of the second low bidder in the case of Martin Engineering, Inc. v. [read post]
11 Aug 2010, 12:20 pm by Lawrence Solum
Here is the abstract: The Supreme Court recently decided United States v. [read post]