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13 Feb 2014, 10:02 pm by Dr. Mel Kramer
I feel in a somewhat unique position to write this since my superior at the New Jersey State Department of Health, Oscar J. [read post]
15 Jun 2016, 8:30 am by Eric Goldman
First, it says a federal court can apply a state anti-SLAPP law, although state anti-SLAPP laws don’t apply to federal claims (in this case, the RICO claim). [read post]
24 Nov 2013, 3:35 pm
In this version, she proposed to add Assurant, Inc., ASI's parent company, as a defendant. [read post]
24 Jun 2009, 10:43 pm
There's no way in logic or law that dilatory plaintiffs suing over this device should be entitled to over five years of tolling based upon meritless allegations of a supposed nation-wide class based upon extraterritorial application (questionable in and of itself) of one state's consumer fraud statute. [read post]
10 Feb 2015, 4:19 am by Rebecca Tushnet
Edriver, Inc., which did find false advertising based on use of dmv.org based on consumer confusion about whether the website was owned by or affiliated with state governments. [read post]
13 Jul 2016, 4:00 am by Administrator
Applied Consumer & Clinical Evaluations Inc., 2016 ONCA 520 [115] With respect, however, I am of the view that in assessing the quantum of punitive damages the motion judge fell into legal error in two respects. [read post]
11 Jan 2016, 5:42 am by Rebecca Tushnet
  If a consumer tried a non-matching car and decided to buy it, the deception would have dissipated. [read post]
10 Jul 2014, 8:38 am
  When Apple tried to extend its protection internationally, the DPMA refused and said, in essence, that consumers would not regard the sign as a trade mark in sense of indicating trade origin: the depiction of the space devoted to the sale of the undertaking’s goods was nothing other than the representation of an essential aspect of that undertaking’s business. [read post]
21 Sep 2020, 12:41 pm by Rebecca Tushnet
Finally, Diamond tried to get the court to adopt the rule of Novartis Consumer Health, Inc. v. [read post]
2 Jul 2019, 3:15 am
" See In re Pitney Bowes, Inc., 125 U.S.P.Q.2d 1417, 1420 (T.T.A.B. 2018); In re DSM Pharms., Inc., 87 U.S.P.Q.2d 1623, 1626 (T.T.A.B. 2008). [read post]
17 Jul 2015, 8:02 am by Eric Goldman
In other words, consumers purportedly ask Amazon if it carries MTM watches, and instead of saying no, Amazon allegedly tries to “switch” the consumers to rival offerings. [read post]