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Offering a service is not use in commerce Under Lanham Act, says Federal Circuit Court
8 Mar 2015, 10:51 am
” The Federal Circuit cited its 2009 Aycock Eng’g Inc. v Airflite, Inc. ruling, which explained the use requirement for a service mark. [read post]
IPKat - http://ipkitten.blogspot.com/
Summaries Sunday: SOQUIJ
8 Mar 2015, 4:00 am by Administrator
Intitulé : Quebec (Attorney General) c. 156158 Canada Inc. [read post]
Slaw - http://www.slaw.ca
FAA preemption & MFA reverse preemption: Is CPRC §74.451, which requires attorney signature and waiver warning in arbitration agreement with health care provider, preempted by the Federal Arbitration Act? -- Texas Supreme Court answers: The Fredericksburg Care Company LP v Perez (Tex Mar. 6, 2015)
6 Mar 2015, 12:53 pm by MOTP
By finding that Section 74.451 didn't involve regulation of the business of insurance, the Court neutralized the reverse-preemption effect of the MFA that would otherwise have saved the Texas-specific requirements for arbitration agreements in the medical services context. [read post]
ADR Law Texas - http://texas-arbitration-case-law.blogspot.com/
You come at the queen, you best not miss: Oprah wins Own Your Power suit
6 Mar 2015, 12:09 pm by Rebecca Tushnet
 The parties also offered “fundamentally different services”: small scale/individual life coaching services versus a global media empire disseminating positive messages. [read post]
43(B)log - http://tushnet.blogspot.com/
The DOJ Ferguson Report Isn’t Just an Indictment of Ferguson Police, but of American Policing Writ Large
6 Mar 2015, 8:16 am by By Ezekiel Edwards, Director, ACLU Criminal Law Reform Project
Similar to the revenue-generating apparatus in Ferguson, DeKalb County and for-profit Judicial Correction Services Inc. engage in a coercive debt collection scheme that focuses on making money at the expense of protecting poor people's constitutional rights. [read post]
American Civil Liberties Union Blog of Rights - https://www.aclu.org/blog
PTO descriptiveness finding inadmissible where court ruled mark suggestive
6 Mar 2015, 7:56 am by Rebecca Tushnet
NVE, Inc., 2015 WL 871137, No. 08–11867 (E.D. [read post]
43(B)log - http://tushnet.blogspot.com/
Don’t Forget About Domain Names
6 Mar 2015, 5:55 am by Brent Lorentz
  See Sprinkler Warehouse, Inc. v. [read post]
Duets Blog - http://www.duetsblog.com/
Chapter 38 Attorney's Fees for Work on Appeal - How to get them, or rather lose them (2015 case from Houston)
5 Mar 2015, 5:10 pm by WOLFGANG DEMINO
SOURCE: STATEWIDE HYDRAULICS, INC. v. [read post]
Texas Causes of Action Blawg - http://causeofactionelements.blogspot.com/
Relist Watch
5 Mar 2015, 2:56 pm by John Elwood
” Recall that in AT&T Mobility LLC v. [read post]
SCOTUSblog - http://www.scotusblog.com/
What’s On Their Minds: Standing in Foreclosure Cases, Again. Note and Mortgage or Note or Mortgage at Time of Filing? SRMOF 2009-1 Trust v. Shari Lewis et al.
5 Mar 2015, 7:05 am by MBettman
Certified Conflict Case BAC Home Loans Servicing, LP v. [read post]
Legally Speaking Ohio - http://www.legallyspeakingohio.com
No Consent To General Jurisdiction By Merely Registering To Do Business
5 Mar 2015, 5:52 am
Mylan Pharmaceutical, Inc., ___ F. [read post]
Drug and Device Law - http://druganddevicelaw.blogspot.com/
Single-Letter Trademark Battles: Who Gets the W for “W”?
5 Mar 2015, 5:38 am by Wes Anderson
   Evolution Finance, Inc. applied to register the stylized W mark shown below, featuring a sans-serif “W” on a rounded square with a green gradient. [read post]
Duets Blog - http://www.duetsblog.com/
A view from the Courtroom: Today’s oral argument
4 Mar 2015, 2:48 pm by Mark Walsh
CSX Transportation Inc. [read post]
SCOTUSblog - http://www.scotusblog.com/
Adware Advertiser Sidesteps Liability
4 Mar 2015, 10:56 am by Eric Goldman
IM Solutions, Inc., 14-CV-00213-JHP (E.D. [read post]
Technology & Marketing Law Blog - http://blog.ericgoldman.org/
With Highly Anticipated Copyright Decision, The AutoHop Litigation Is Coming to a Close
4 Mar 2015, 8:11 am by J. Alexander Lawrence
Inc. v. [read post]
Socially Aware Blog - http://www.sociallyawareblog.com/
Central District of Illinois Explains Its Disagreement With Fifield Consideration Rule
4 Mar 2015, 7:18 am by Kenneth J. Vanko
Premier Dealer Services and Prairie Rheumatology Assocs., S.C. v. [read post]
Legal Developments In Non-Competition Agreements - http://www.non-competes.com/
Wednesday: What’s Hot on CanLII
4 Mar 2015, 4:00 am by Administrator
The court will patiently provide all of the time and services reasonably (and, sometimes, unreasonably) necessary. [read post]
Slaw - http://www.slaw.ca
The CAFC determines that offering a service, without rendering the service, is insufficient to support trademark registration
3 Mar 2015, 5:15 pm by Lawrence B. Ebert
§ 1127; Aycock Eng’g, Inc. v. [read post]
IPBiz - http://ipbiz.blogspot.com/
CAFC limits Warsaw Orthopedic to "reasonable royalty"
3 Mar 2015, 4:55 pm by Lawrence B. Ebert
Indeed, the parties stipulated that “[t]he average dimen- sions of the human vertebrae are well-known, easily ascertainable, and well-documented in the literature. [read post]
IPBiz - http://ipbiz.blogspot.com/
Stop Asking The Business Court To Overrule An Order Of Another Business Court Judge
3 Mar 2015, 11:36 am by Mack Sperling
Frye Regional Medical Center, Inc., 2015 NCBC 17. [read post]
North Carolina Business Litigation Report - http://www.ncbusinesslitigationreport.com/