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6 Oct 2021, 5:26 am by Andrew Lavoott Bluestone
In order for evidence to qualify as documentary, it must be unambiguous, authentic, and undeniable (see Granada Condominium III Assn. v Palomino, 78 AD3d 996, 996-997 [2010]; Fontanetta v John Doe 1, 73 AD3d 78, 86 [2010]). [read post]
4 Oct 2021, 10:58 am by Rebecca Tushnet
” This analysis does make some sense, but raises the question of what the how to identify what counts as a “significant” disadvantage. [read post]
30 Sep 2021, 9:51 am
Section 2(e)(1) - Mere Descriptiveness:TTABlog Test: How Did These Three Section 2(e)(1) Mere Descriptiveness Appeals Turn Out? [read post]
28 Sep 2021, 9:09 am by Rebecca Tushnet
” Nonetheless, the court found that Dastar barred the §43(a)(1)(B) claims as well as the §43(a)(1)(A) claims. [read post]
23 Sep 2021, 10:36 am by Rebecca Tushnet
(Comment: There is no language in §32 that in any way could be considered broader than §43(a) in this respect.) [read post]
20 Sep 2021, 4:27 am
A rule encouraging such delay would moreover stand in tension with sections 14(1) and 15 of the Lanham Act, 15 U.S.C. [read post]