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7 Sep 2022, 5:23 am by Eugene Volokh
The Full Faith and Credit and Due Process Clauses prohibit states from regulating out-of-state conduct unless the conduct involves a "significant contact" or "significant aggregation of contacts" with the state.[6] The Privileges and Immunities Clause prevents states from enacting certain types of laws that give a benefit to in-staters but not out-of-staters.[7] And of central relevance to this article, the Dormant Commerce Clause prevents states from enacting certain… [read post]
3 Sep 2022, 6:57 am by Nedim Malovic
The IPKat is pleased to learn that, at least according to the General Court, Kats are indeed like tigers.In a judgment (Case T‑251/21 Tigercat Inc v EUIPO) released earlier this summer, the General Court held indeed that there was a likelihood of confusion, pursuant to Article 8(1)(b) of Regulation 2017/1001 (EUTMR), between the word mark ‘Tigercat’ and Caterpillar’s earlier word EU trade mark (EUTM) ‘Cat’ and figurative EUTM below:It reasoned… [read post]
2 Sep 2022, 5:01 am by Eugene Volokh
A reporter for a newspaper within that community then wouldn't be able to write the same sort of story, because the plaintiff won't be identified. [read post]
., across party lines) to issue a complaint to block Lockheed Martin’s vertical acquisition of Aerojet Rocketdyne, in what would have been the FTC’s first defense industry merger litigation in decades.6  Several weeks later, the parties abandoned the transaction, due, in part, to the FTC’s lawsuit.7  The DOJ’s pending litigation of UnitedHealth’s proposed acquisition of Change Healthcare and the FTC’s ongoing review of Microsoft’s proposed… [read post]
29 Aug 2022, 8:59 am by Jonathan Bukowski and Chip Merlin
Allen, 102 P.3d 333, 343 (Colo. 2004) (en banc).6Allen, 102 P.3d at 344.7 See TBL Collectibles, Inc. v. [read post]
23 Aug 2022, 10:07 am by Holly Brezee
This can be expensive for the challenging party, with costs typically ranging between $100,000 to $700,000, depending on the complexity of the technology.[7] Significantly, a party may only challenge a single patent in each IPR. [read post]
21 Aug 2022, 9:01 pm by Lina M. Khan
Indeed, a significant majority of Americans today feel that they have scant control over the data collected on them and believe the risks of data collection by commercial entities outweigh the benefits.6 Evidence also suggests that the current configuration of commercial data practices do not actually reveal how much users value privacy or security.7 For one, the use of dark patterns and other conduct that seeks to manipulate users underscores the limits of treating present market outcomes… [read post]
16 Aug 2022, 6:24 am by Richard Hunt
Marriott Hotel Services, Inc., 40 F.4th 1043 (9th Cir. 2022) the Ninth Circuit agreed with what I think is the unanimous opinion that if a website meets DOJ requirements then it satisfies the ADA.(7) It didn’t take long for lower courts to agree and dismiss cases. [read post]