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American Publishers, for instance, the court emphasized less the economic motivation of the school and its subsidiary magazine publisher, and more the content itself, specifically the stories, articles and reviews that importantly did not advertise or even mention the school’s courses. [16] The fact that the magazine also contained advertisements for the school’s courses did not overcome the magazine’s informational value to consumers on the whole and thus could not be considered… [read post]
26 Sep 2014, 6:22 pm by Jordan Bublick
A few days ago, the 11th Circuit  Court of Appeals issued its decision in the case of Airtran Airways, Inc., v. [read post]
26 Sep 2014, 6:22 pm by Jordan Bublick
A few days ago, the 11th Circuit  Court of Appeals issued its decision in the case of Airtran Airways, Inc., v. [read post]
26 Sep 2014, 8:23 am by Joy Waltemath
AirTran had paid for the employee’s medical care under the plan and, as a result, the company could enforce its lien from the moment that she had received the settlement checks from the other driver’s insurer. [read post]
Abercrombie & Fitch, the Ninth Circuit found that the unauthorized use of several photographs of surf legends in an Abercrombie clothing catalog was commercial, notwithstanding that the images were employed to illustrate the catalogue’s underlying surf theme.[17] The Ninth Circuit stated that the photographs were mere “window dressing” to the catalog’s surf motif and ultimately were exploited to promote Abercrombie’s clothing line.[18] Likewise in… [read post]
18 Sep 2014, 9:01 pm by John Dean
American Coalition Against Nuclear Iran, Inc. [read post]
12 Sep 2014, 7:51 am by Joy Waltemath
Approximately six weeks later, the employee was suspended for insubordination after his supervisor confronted him when he left his workstation during non-break time to use the restroom and then checked the bid board for postings. [read post]
14 Aug 2014, 7:40 am by Richard S. Zackin
In a recent case decided by the United States Court of Appeals for the Third Circuit, Lupyan v. [read post]
13 Aug 2014, 9:11 am by Frankl & Kominsky, P.A.
After the crash, the seriously injured driver sued the other driver involved in the accident as well as Marina Dodge, Inc. and Webster Auto Brokers, Inc., two New York auto retailing corporations, in the Broward County Circuit Court. [read post]
7 Aug 2014, 7:22 pm by Joy Waltemath
Even if the comments were “stray remarks,” they were made at the meeting during which the employee was demoted, which gave them more weight (Patricia Grenier v Key Floral, Inc). [read post]