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26 Mar 2014, 7:50 am
” Harm that’s too remote isn’t actionable, and that usually includes harm derivative of “misfortunes visited upon a third person by the defendant’s acts. [read post]
26 Mar 2014, 7:29 am
These entries demonstrated that the agency had identified the class of victims harmed by Propak’s hiring practices, the EEOC argued. [read post]
24 Mar 2014, 12:57 pm
Cameras proliferated and we have all sorts of great, new pictures so privacy is not harmed?!?!?! [read post]
23 Mar 2014, 9:44 pm
Rehearing Grant The Court granted rehearing of a petition it had denied last year, ALLEN MARK DACUS, ELIZABETH C. [read post]
22 Mar 2014, 11:11 am
It’s tough to mark an exact point where a shift occurred, or even know that it has, but my sense is that standing is increasingly becoming less useful for defendants in privacy cases. [read post]
21 Mar 2014, 8:52 pm
Jenni Alvies is a non-affiliate who began posting on Facebook under the name “Crossfit Mamas” (selling exercise apparel bearing the same name), and CrossFit felt Alvies was infringing its mark. [read post]
21 Mar 2014, 11:39 am
” For Mill liberty included: the inward domain of consciousness; demanding liberty of thought and feeling, absolute freedom of opinion and sentiment on all subjects, practi- cal or speculative, scientific, moral, or theological . . . liberty of tastes and pursuits; of framing the plan of our life to suit our own character; of doing as we like, subject to such consequences as may follow: without impedi- ment from our fellow-creatures, so long as what we do does not harm them, even… [read post]
21 Mar 2014, 4:54 am
As in the UK, there is a need to show that there will be irreparable harm if no injunction is granted, and so an injunction may be denied where damages are an adequate remedy. [read post]
20 Mar 2014, 9:01 pm
In most cases, the goal isn’t to publicly flog a company or its top executives, but rather to limit damage to an institution’s reputation or to contain the financial harm to shareholders of a publicly-traded company. [read post]
19 Mar 2014, 6:00 am
§ 1125, dilution by blurring requires an association between the famous mark and the junior mark that impairs the distinctiveness of the famous mark, and dilution by tarnishment must harm the reputation of the famous mark. [read post]
18 Mar 2014, 9:01 pm
Both [A] and [B] hit their mark, and both victims, [C] and [D] are subsequently rushed to the hospital in ambulances. [read post]
17 Mar 2014, 4:05 am
Greed, in all of its forms; greed for life, for money, for love, knowledge, has marked the upward surge of mankind and greed, you mark my words, will not only save Teldar Paper, but that other malfunctioning corporation called the U.S.A. [read post]
15 Mar 2014, 8:31 am
., 730 F.3d 701, 705 (7th Cir. 2013) (internal quotation marks omitted). [read post]
14 Mar 2014, 12:41 pm
A class action lawsuit, that will likely be one of many, has been filed in Illinois against former the bitcoin exchange industry leader, its parent companies, and Mark Karpeles, Mt. [read post]
14 Mar 2014, 10:26 am
Senators Ron Wyden, Mark Udall, and Martin Heinrich: Three senators who sit on the Senate Select Committee on Intelligence make clear that they have “have seen no evidence that the bulk collection of Americans’ phone records has provided any intelligence of value that could not have been gathered through means that caused far less harm to the privacy interests of millions of Americans. [read post]
14 Mar 2014, 9:26 am
Kool Smiles also sued under state law for defamation, business disparagement, injury to business reputation, and “trade name and service mark dissolution” (dilution?). [read post]
14 Mar 2014, 7:40 am
— “free rides” on significant popular culture phenomena that were unlikely to be deemed “affiliations” or “authorized merchandise” without doing the high-end brand equity any harm at all (and probably some good). [read post]
14 Mar 2014, 5:07 am
Along the same lines, check out Mark Schultz’s article, Time to revise the DMCA: the most antiquated part of the copyright may by one of the newest. [read post]
13 Mar 2014, 12:22 pm
Mensing case, generic drug manufacturers are not being held legally accountable for the harm caused by the drugs that they sell. [read post]
13 Mar 2014, 3:13 am
As Mark Lemley, et al., wrote in 2011: “the problem is that no one understands what makes an idea ‘abstract,’ and hence ineligible for patent protection. [read post]
