Search for: "Bona Fide"
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29 Mar 2022, 6:28 am
If you receive a bona fide purchase offer, your franchisor may have the right to match this offer and purchase your franchise instead. [read post]
12 Jun 2024, 12:10 pm
According to the FLSA, bona fide meal periods (typically 30 minutes or more) are not work time and are not compensable. [read post]
26 Oct 2023, 8:30 am
Because the APC-based open access model has become so predominant, many authors may not realize that the Green route is an equally bona fide open access option. [read post]
16 Dec 2016, 1:03 pm
Anyway, the court found that Nowlan’s letters contained “nothing more than statements asserting Defendant’s legal rights,” and thus couldn’t be commercial advertising or promotion.Also, the claim for trademark cancellation for lack of bona fide intent to use wasn’t sufficiently fleshed out, and appeared contradicted by the allegations of the complaint that Nowlan was offering to license other parties. [read post]
12 Jan 2013, 11:45 am
Also, a loan generally cannot be a qualified mortgage if the points and fees paid by the consumer exceed three percent of the total loan amount, although certain bona fide discount points are excluded for prime loans. [read post]
15 Dec 2014, 7:23 am
On appeal, the plaintiff claims that the court improperly (1) found that the parties mutually agreed to extend the maturity date of the mortgage note, (2) determined that the mortgage note provided a ten day grace period for the payment of the final balloon payment, (3) concluded that the defendant satisfied his obligations by being 'ready, willing and able' to make the final payment in April, 2011, rather than by making a 'bona fide offer and tender' of… [read post]
30 Nov 2015, 9:11 am
.,135 S.Ct. 1293 (2015))recent federal registration decisions (proof of lack-of-bona fide intent; relevance of third-party uses and registrations)likelihood of confusion, distinctiveness of marks, sponsored linkstrade dress/product design, especially functionality and major differences among types of IPgeographic scope of injunctive reliefdamages and attorney fee awards under 35(a) of the Lanham Actassessment of "expenses" in ex parte de novo appeals to district… [read post]
19 Jul 2017, 1:46 pm
As previously reported, a Hawaii federal district court held that the government too narrowly interpreted the Supreme Court's temporary order that precludes while appeal is pending, enforcement of the ban against foreign nationals who have a bona fide relationship with a person or entity in the United States. [read post]
15 Oct 2014, 5:24 am
Mistakes, no matter how innocent, can result in costly lawsuits and significant legal penalties.As we have previously discussed on Scarinci Hollenbeck’s Business Law News, worker misclassification occurs when a bona fide, common law employee is classified to be an “independent contractor. [read post]
1 Oct 2021, 5:58 am
Stacey Michelle Terrazas, Opposition No. 91240829 (September 22, 2021) [not precedential] (Opinion by Judge Christopher Larkin) [Sustaining in part and dismissing in part this opposition to registration of the marks BAD MOMS UNLIMITED and BAD MOMS BIBLE for audio books, printed matter, clothing, and charitable foundation services, on the ground of lack of bona fide intent, and likelihood of confusion and dilution of opposer's allegedly famous BAD MOMS mark for various goods… [read post]
6 Feb 2023, 3:33 am
They key to the exemption, however, isn't the title give to the job but the bona fides of whether the employee has actual and legitimate discretion in the exercise of independent judgment in how they carry out their key job tasks. [read post]
20 Jan 2015, 3:35 am
Winkelmann and Sandro Andy demonstrate, Section 44(e) and 66(a) registrations, particularly those that cover an excessive identification of goods and services, may also be vulnerable to cancellation on the ground that there was a lack of bona fide intent to use the mark on each and every good or service covered by the registrations.Read comments and post your comment here.TTABlog note: Again I thank The Trademark Reporter for granting permission to provide links to these two… [read post]
15 Oct 2021, 4:00 am
The exemption is rightly viewed as an essential facet of the vaccine’s core purpose of protecting the health of patients and healthcare workers, including those who, for bona fide medical reasons, cannot be safely vaccinated. [read post]
15 Jun 2017, 10:30 am
The Second Circuit affirmed the district court's dismissal of the Plaintiffs' FLSA claims, holding that Zoni was exempt from the FLSA's mandatory minimum wage and overtime requirements as they were not applicable to teachers working as bona fide professionals. [read post]
18 Oct 2023, 5:00 am
., and owned by Charter Communications, M.P. filed a personal injury lawsuit against those parties.When they later sought to compel M.P. to produce her cell phone for discovery and inspection – so that they could collect certain data recorded on her device – M.P. opposed the request, and the Kings County Supreme Court ended up siding with her.On appeal, the Appellate Division, Second Department, thought that the defendants’ expert had set forth a bona fide basis… [read post]
11 Jan 2017, 2:04 pm
President-elect Donald Trump mentioned both judges by name during a primary debate shortly after Scalia’s death, and both have the conservative bona fides necessary to allay concerns about, as Pryor himself has put it, adding “more Souters” to the court. [read post]
31 Aug 2017, 12:31 pm
In his words, the Obama administration’s more-than-doubling of the salary threshold “effectively eliminates a consideration of whether an employee performs ‘bona fide executive, administrative, or professional capacity’ duties. [read post]
28 Jan 2024, 3:03 pm
The 6th Circuit panel noted that the bona fide reason for the termination- a phony claim of mental incapacity directed at the principal shareholder, followed by a complete takeover of the company and removal of its officers- was more than supported by the evidence. [read post]
22 Sep 2010, 8:44 pm
It is irrelevant whether workers are bona fide independent contractors under the traditional common law test. [read post]
1 Jan 2017, 12:06 pm
Requirement that obligation be contracted in a bona fide manner and supported by adequate and full consideration can be an obstacle to deductibility. [read post]
