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26 Feb 2017, 6:37 pm by Omar Ha-Redeye
In doing so, they applied the following test, [180] To impose liability on the defendant for the tort of passing off the plaintiff must satisfy me that: a) it enjoys goodwill attached to the educational services it provides; b) its services have acquired a distinctiveness in the marketplace; c) the defendant has caused confusion by intentionally or otherwise misrepresenting its services as those of the plaintiff; and d) the plaintiff is likely to suffer damage as a result… [read post]
28 Oct 2016, 6:03 pm by Lloyd J. Jassin
  The French might equate it with “droit moral” – an author’s right to defend the integrity of their work and the use of their name. [read post]
28 Oct 2016, 6:03 pm by Lloyd J. Jassin
The French might equate it with “droit moral” – an author’s right to defend the integrity of their work and the use of their name. [read post]
28 Oct 2016, 6:03 pm by Lloyd J. Jassin
The French might equate it with “droit moral” – an author’s right to defend the integrity of their work and the use of their name. [read post]
28 Oct 2016, 6:03 pm by Lloyd J. Jassin
The French might equate it with “droit moral” – an author’s right to defend the integrity of their work and the use of their name. [read post]
28 Oct 2016, 6:03 pm by Lloyd J. Jassin
  The French might equate it with “droit moral” – an author’s right to defend the integrity of their work and the use of their name. [read post]
10 Oct 2016, 5:01 am by Eugene Volokh and Paul Alan Levy
He also states that Smith “does not recall authorizing” the suit filed in his name on a similar complaint against an apparently fictitious defendant in state court in Baltimore. [read post]
30 Sep 2016, 6:53 am
Greenlee, 200 P.3d 363, 368 (Colorado Supreme Court 2009).The res gestae theory of relevance is based on the idea that `[c]riminal occurrences do not always take place on a sterile stage,’ and that where the events leading up to the crimes charged are part of the scenario that explains the setting in which the crimes occurred, “no error is committed by permitting the jury to view the criminal episode in the context in which it happened. [read post]
21 Sep 2016, 7:36 pm by Francis Pileggi
Next, Plaintiffs alleged that the disclosures should have included a synergy tax from a fictitious $1 billion intra-company loan. [read post]
29 Aug 2016, 8:00 am
In its recent decision, the Supreme Court clarified the mental state necessary to convict under the federal threat statute, 18 U.S.C 875(c). [read post]
30 Jul 2016, 7:50 pm by The Blog Team
(Congratulations to Assistant Federal Public Defender Brian C. [read post]
30 Apr 2016, 4:04 am by Andres
”This is consistent with earlier decisions that declared source code can be protected in different embodiment of a computer language (see Bezpečnostní softwarová asociace C‑393/09).If the case was only about the Klingon language, I would expect the defendants to win easily. [read post]
14 Dec 2015, 5:36 am
He begins by explaining that [b]efore the Court is Defendant Michael Coscia's . . . [read post]
9 Dec 2015, 9:14 am by Susan Hennessey
The FBI can pose as Al Qaeda or ISIS operatives and trick a homegrown violent extremist into becoming an international terrorist based on contact with wholly fictitious terrorists. [read post]
30 Sep 2015, 3:45 pm by MBettman
R.C. 2911.02(C)(3) (Robbery includes use of or threatening the immediate use of force against another.) [read post]
13 Sep 2015, 12:43 pm by Lloyd J. Jassin
  The French call it “droit moral” – an author’s right to defend the integrity of their work and the use of their name. [read post]
13 Sep 2015, 12:43 pm by Lloyd J. Jassin
  The French call it “droit moral” – an author’s right to defend the integrity of their work and the use of their name. [read post]