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5 Jan 2012, 7:06 am
§ 1125(c)(2)(B) The statute identifies six non-exclusive factors for consideration in the blurring analysis: “(i) [t]he degree of similarity between the mark or trade name and the famous mark; (ii) [t]he degree of inherent or acquired distinctiveness of the famous mark; (iii) [t]he extent to which the owner of the famous mark is engaging in substantially exclusive use of the mark; (iv) [t]he degree of recognition of the famous mark; (v) [w]hether the user of the mark or trade name… [read post]
4 Jan 2012, 9:46 pm
Those terms are defined pleasingly broadly: (2) ”Exercise of the right of association” means a communication between individuals who join together to collectively express, promote, pursue, or defend common interests. (3) ”Exercise of the right of free speech” means a communication made in connection with a matter of public concern. (4) ”Exercise of the right to petition” means any of the following: (A) a communication in or pertaining to: (i) a judicial… [read post]
4 Jan 2012, 3:58 pm
I also wonder if they'll use the fact that they live there to claim some sort of priority in getting the home as an asset (which is FINE, as long as others in the family are compensated for an equal dollar-amount vis-a-vis the dollar value of the home) In my humble opinion, this woman is out to scam my uncle for whatever she can get. [read post]
4 Jan 2012, 11:56 am
The Department of Education’s Office of Civil Rights informed Maryland in 1969 and 1972 that its higher education system violated Title VI of the Civil Rights Act of 1964. [read post]
4 Jan 2012, 9:59 am
President Obama did an end run around Senate Republicans, naming Richard Cordray director of the Consumer Financial Protection Bureau vis a vis a recess appointment. [read post]
4 Jan 2012, 3:00 am
Second, Article VI of the Panama Convention provides a court with the discretion to “postpone a decision on the execution of the arbitral decision” if there is a pending action in the State in which, or according to the law of which, the arbitral award was made”. [read post]
3 Jan 2012, 1:48 pm
HANDHELD LIBRARIAN VI ONLINE CONFERENCEFEBRUARY 1-2, 2012Mobile solutions for libraries that work! [read post]
3 Jan 2012, 7:27 am
c. 190B, Articles I-IV, VI and VII to Estate Cases Pending on March 31, 2012 or with a Decree Issued Prior Thereto The MUPC court forms have been removed, and according to the Probate and Family Court, "The Court’s current (pre-MUPC) forms will continue to be used after January 2, 2012 until further notice. [read post]
3 Jan 2012, 6:15 am
After the Seventh Circuit remanded the case back to the Bankruptcy Court, the Chapter 11 Trustee filed a motion for summary judgment seeking a determination as to whether MMA was actually a bankruptcy remote entity vis-à-vis Doctors Hospital, and if so whether there was a true sale of receivables thereto. [read post]
2 Jan 2012, 12:29 pm
Part VI then looks at how the Supreme Court has understood “freedom ... of the press” since 1931, the first year that the Court struck down government action on First Amendment grounds. [read post]
2 Jan 2012, 6:41 am
Friday, February 3 Panel I: Judicial Decisionmaking (Mentor: Lee Epstein) Margaret Thomas, The Federalism Canons of Statutory Interpretation as a Constraint on the Federal Rules of Civil Procedure Nancy Leong, Making Remedies Elizabeth McCuskey, Clarity and Clarification: Grable Federal Questions in the Eyes of Their Beholders Paul Gugliuzza, Patent Law's Uniformity Principle and the Consequences of Judicial Specialization Panel II: Judicial Capacity and Executive Action (Mentor: Susan… [read post]
1 Jan 2012, 9:00 pm
Le débat quant à l'activité inventive était essentiellement basé sur des essais comparatifs fournis par l'Opposante et portant sur les composés (iii), (iv) et (vi), censés prouver l'absence d'effet. [read post]
1 Jan 2012, 4:03 am
Finally, the position of the European Law Institute vis-à-vis other existing “networks” and organizations, the official organs of the European Union, and other organizations, worldwide, aiming at the harmonization of law, is highlighted. [read post]
31 Dec 2011, 1:43 pm
By Marty Lederman and Steve Vladeck* [Cross-posted at OpinioJuris] Editorial pages and blogs have been overrun in the past couple of weeks with analyses and speculation about the detainee provisions in the National Defense Authorization Act, which the President has just signed into law. [read post]
31 Dec 2011, 1:19 pm
by Marty Lederman By Marty Lederman and Steve Vladeck* Editorial pages and blogs have been overrun in the past couple of weeks with analyses and speculation about the detainee provisions in the National Defense Authorization Act, which the President has just signed into law. [read post]
31 Dec 2011, 12:57 am
VI. [read post]
30 Dec 2011, 7:29 pm
The receiver, as successor in interest to Liberte and Alpha, seeks to recover on the 1999 policy vis-a-vislosses resulting from alleged negligence in performing accounting for VES during the coverage period. [read post]
30 Dec 2011, 2:27 pm
VI, s 16, subd. [read post]
30 Dec 2011, 8:35 am
Specifically, we find that MCSO, through the actions of its deputies, detention officers, supervisory staff, and command staff, routinely punishes Latino LEP inmates for failing to understand commands given in English and denies them critical services provided to the other inmates, all in violation of Title VI and its implementing regulations. [read post]
30 Dec 2011, 6:13 am
The TDRA offers six factors for courts to consider in a blurring analysis: “(i) [t]he degree of similarity between the mark or trade name and the famous mark; (ii)[t]he degree of inherent or acquired distinctiveness of the famous mark; (iii)[t]he extent to which the owner of the famous mark is engaging in substantially exclusive use of the mark; (iv)[t]he degree of recognition of the famous mark; (v)[w]hether the user of the mark or trade name intended to create an association with… [read post]
