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3 Dec 2013, 7:54 am
” Id. at 34-35 (citation and quotation marks omitted). [read post]
2 Dec 2013, 7:47 pm
Herb Reed Enterprises (HRE) claimed that Larry Marshak infringed HRE's trademark rights in "The Platters", a name and mark that relate to a singing group whose hey-day spanned the second half of the 1950s. [read post]
2 Dec 2013, 5:13 am
Section 43(a) covers this conduct, “because otherwise a defendant could escape liability for passing off simply by using another’s mark—a false designation of origin—to establish the equivalency of the other’s mark and the defendant’s new mark, and then shift to using only its new mark. [read post]
1 Dec 2013, 3:50 am
In a prior post I noted the upcoming Second Annual United Nations Forum on Business and Human Rights, of the Working Group on the issue of human rights and transnational corporations and other business enterprises, will be held in Geneva 2-4 December 2013. [read post]
26 Nov 2013, 9:47 pm
Civil elder abuse includes any physical or financial abuse, neglect or abandonment resulting in physical or mental harm. [read post]
26 Nov 2013, 3:14 pm
Esquire writer Mark Warren speculated that the outburst was spurred by the revelation that the walrus was named "Barry." [read post]
26 Nov 2013, 11:36 am
It would be mistaken and harmful to criminalize routine copyright and trade-mark infringement activity and there is no need to add additional criminal sanctions, much less wiretap enablement provisions or any provisions that would authorize the warrantless search of travelers to determine whether they have infringing items in their baggage or on their electronic devices. [read post]
26 Nov 2013, 7:11 am
In a pretrial conference on Feb. 1, 2011, Cuprum’s exemplar ladder was marked as an exhibit “for Demonstrative Purposes. [read post]
25 Nov 2013, 7:22 pm
On the other hand, this proposal (especially if focused on invalidating patents) could serve as something like a bounty for attorneys to challenge bad patents and, as a consequence, would lessen the free-rider problem associated with a single company challenging a patent that is also being asserted against competitors. (2) & (4): I agree that there is plenty room for reducing discovery costs and for raising pleading requirements without substantially harming patentee rights. [read post]
25 Nov 2013, 11:05 am
As Mark Zuckerberg said in September, the government’s position is“don’t worry, we’re not spying on any Americans. [read post]
23 Nov 2013, 8:34 pm
(emphasis added) (internal quotation marks omitted). [read post]
22 Nov 2013, 5:21 am
For a preliminary injunction, you also need irreparable harm, which was present here. [read post]
21 Nov 2013, 4:22 am
A similar issue arose with regard to Coty's claim for unfair competition, in respect of which Article 5(3) of the Brussels I Regulation would be likely to found the jurisdiction of German courts with respect to an action against First Note because Germany was the place where the harm occurred.The Bundesgerichtshof decided to stay proceedings and to refer to the CJEU the following questions: "(1) Must Article 93(5), of [the Regulation on the Community trade mark] be… [read post]
20 Nov 2013, 7:31 pm
[UPDATE: Here we go.]He begins by noting that "[t]his marks the first occasion that a court has had to determine whether the work of [a graffiti] artist -- given its ephemeral nature -- is worthy of any protection under the law" (p. 2).He ends up answering yes ... in theory ... [read post]
20 Nov 2013, 3:24 am
Harry Reid objecting to the effort in Congress to create a Mexican exemption to the SEC's resource extraction rules - and Ethan Mark blogs about integration issues under the JOBS Act... [read post]
19 Nov 2013, 5:57 pm
” Id.Apple at *9.Inquiry #1: Irreperable Harm (Causal Nexus is a part of the Irreparable Harm Inquiry)Causal Nexus - generallyTo show irreparable harm, it is necessary to show that the infringement caused harm in the first place. [read post]
19 Nov 2013, 2:20 pm
These actions send the message loud and clear: We will use every tool at our disposal to prevent an attack against the United States or go after those who seek to do us harm—no matter how long it takes. [read post]
19 Nov 2013, 8:48 am
"The time for meaningful reform is now," said Julie Samuels, EFF Senior Staff Attorney and the Mark Cuban Chair to Eliminate Stupid Patents. [read post]
18 Nov 2013, 10:19 pm
Raw milk is milk that hasn’t been pasteurized to kill harmful and, at times, deadly, pathogens such as E. coli, Listeria, Salmonella and Campylobacter. [read post]
18 Nov 2013, 7:05 am
Still, I see the relevance, even though the harm alleged, albeit “insidious,” isn’t Lanham Act harm but rather trade secret harm: “those employees unwittingly enabled Axceler to access other AvePoint customer and employee contacts—including those customer contacts associated with legitimate AvePoint employees’ profiles—and other competitive business information. [read post]
