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23 Sep 2009, 10:32 am
Int'l Trade Comm'n, 545 F.3d 1340, 1350 (2008) (quotation marks omitted). [read post]
2 Aug 2019, 6:33 am
“Voidable” Posted by Gail Weinstein, Warren S. de Wied, and Andrew J. [read post]
26 Mar 2018, 6:09 pm by Wolfgang Demino
(c) all counterclaims, cross-claims and third party claims; (d) all common law claims, based on contract, tort, fraud, or intentional torts; (e) all claims based on a violation of any state or federal constitution, statute or regulation; . . . [read post]
16 Jun 2014, 4:45 am by Rebecca Tushnet
  The commercial context also mattered: many food bars used the six elements, either individually or some in combination, which additionally undercut the strength of the trade dress and “indicate[d] that its claim is pitched at an improper level of generality. [read post]
24 Oct 2014, 1:11 pm by Rebecca Tushnet
D’Amato, Consumer Confusion and Trademark Infringement, J. [read post]
8 Aug 2019, 6:31 am by Joel R. Brandes
The Administration for Children=s Services (ACS) filed a petition alleging that Lynette J. [read post]
28 May 2020, 5:29 am by Schachtman
” For example, in the notorious Milward case, the First Circuit, citing legally invalid pre-Daubert decisions, stated that “when the factual underpinning of an expert’s opinion is weak it is a matter affecting the weight and credibility of the testimony − a question to be resolved by the jury. [read post]