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12 Apr 2021, 5:55 am
As the Court held in Comcast and Wal–Mart, the “Rule ‘does not set forth a mere pleading standard. [read post]
11 Apr 2021, 10:18 am
Among 88 (83%) patie…Read More » 2012 Multistate Outbreak of Salmonella Enteritidis Associated with Contaminated Cargill Ground Beef Organism: Salmonella Vehicle: Beef, Ground On July 22, 2012 Cargill Meat Solutions announced a recall of 29,339 pounds of fresh ground beef products due to possible contamination with Salmonella Enteritidis. [read post]
6 Apr 2021, 3:28 am
Of course, product configurations cannot be inherently distinctive (Wal-Mart), but a non-functional product design may be registered if it has acquired distinctiveness. [read post]
8 Mar 2021, 5:46 am
" See In re Wal-Mart Stores, Inc., 129 U.S.P.Q.2d 1148, 1152 (TTAB 2019) ("The text on Applicant's website confirms the merely informational nature of the phrase. [read post]
26 Feb 2021, 9:14 am
[This post covers three recent print-on-demand cases. [read post]
17 Feb 2021, 4:48 am
Kaiser pointed out the current Board is made up of the same four people—three in the majority and one dissenter—who heard the Wal-Mart Stores, Inc. case, and thus would be more likely to enunciate a standard in line with Wal-Mart and Boeing and distanced from Stabilus. [read post]
7 Feb 2021, 6:33 pm
Lawyers tend to get excited when the courts create a new tort, and for good reason. [read post]
4 Feb 2021, 9:12 pm
The law firm has brought Salmonella lawsuits against such companies as Cargill, ConAgra, Peanut Corporation of America, Sheetz, Taco Bell, Subway and Wal-Mart. [read post]
20 Jan 2021, 11:38 am
“Like the sweater designs in Wal-Mart, LTTB’s marks are primarily aesthetic on this record, not source-identifying. [read post]
20 Nov 2020, 9:36 pm
DISCUSSION E/C owns all of the injuries and medical conditions, including the significant sequela associated with the aggravation of the underlying Varus Arthritis, for which Dr. [read post]
11 Nov 2020, 9:01 pm
Its customers include Costco, Wal-Mart, Firehouse Subs, Applebee’s, Panda Express, International House of Pancakes, Denny’s, Schwan’s Foods, and others. [read post]
8 Nov 2020, 9:06 am
Over the past decade, the plaintiffs’ class action bar has been both innovator and activist in finding its way around defense-centric legal precedents – such as the more rigorous class action standards established in Wal-Mart-Stores, Inc. v. [read post]
19 Oct 2020, 7:57 am
Wal-Mart * CaféPress Denied 230 Motion to Dismiss–Curran v. [read post]
22 Sep 2020, 11:21 am
Her notable dissents — Ledbetter, Shelby County, Epic Systems, Hobby Lobby, Carhart, Wal-Mart and others — are studies in judicial craft. [read post]
15 Sep 2020, 11:02 am
Wal-Mart Stores, Inc. v. [read post]
15 Sep 2020, 3:30 am
If s/he was looking for a lamp, for example, it just sent the consumer to Wal-Mart rather than a smaller local business. [read post]
18 Jul 2020, 8:52 pm
The law firm has brought Salmonella lawsuits against such companies as Cargill, ConAgra, Peanut Corporation of America, Sheetz, Taco Bell, Subway and Wal-Mart. [read post]
16 Jul 2020, 1:27 pm
” Wal-Mart Stores, 529 U. [read post]
30 Jun 2020, 8:29 am
In other cases like Wal-Mart, the false positive issue has led the Court to more restrictive rules—but because the Court generally does want to hold out the prospect of some protection in such cases, the overall result of Sotomayor’s concurrence at least is consistent with Wal-Mart and Qualitex:you should have to show secondary meaning for your specific claimed mark and only then can you get trademark rights.] [read post]
29 Jun 2020, 12:31 pm
I have occasionally suggested framing the question as whether, in a counterfactual world in which the plaintiff has no source-related reputation, the design would still have particular attractions beyond "eh, it's a fine design"; Justin Hughes has suggested looking for a larger tradition or principles, which would often accomplish much the same thing as my test, to protect things that have preexisting associations or meanings, e.g., a champagne container in the shape of a… [read post]
