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9 May 2024, 7:29 am by Charlie Jarrett
Federal Trade Commission, 3:24-cv-986, United States District Court for the Northern District of Texas, filed April 23, 2024; Chamber of Commerce for the United States of America et al. v. [read post]
9 May 2024, 3:30 am
.' Case law makes it clear that Petitioner’s mark may be used in either interstate commerce or intrastate commerce, so long as the use is 'prior use.'" Geographical Carve-Out: Respondent urged that petitioner, as a senior user in a remote trading area, is entitled only to be a concurrent user with rights limited to its geographical trading area. [read post]
9 May 2024, 1:00 am by The Nonprofit Blogger Named Below
I blogged a few days ago about Ways and Means Chair Smith's bully pulpit tactics against the United States Chamber of Commerce. [read post]
8 May 2024, 9:01 pm by renholding
On April 24, 2024, President Biden signed into law the 21st Century Peace through Strength Act (the Act) as part of a broader foreign aid package providing funding to Taiwan, Ukraine, and Israel. [read post]
8 May 2024, 2:24 pm by Guest Author
Department of Commerce, Idaho’s Simplot test might provide a way to keep but cabin deference. [read post]
8 May 2024, 12:47 pm by Peter S. Lubin and Patrick Austermuehle
It’s important to note that under the ICFDBPA, to state a claim, a plaintiff must show a deceptive or unfair act or promise by the defendant, the defendant’s intent that the plaintiff rely on the deceptive or unfair practice, and that the unfair or deceptive practice occurred during a course of conduct involving trade or commerce (Harris v. [read post]
8 May 2024, 8:30 am by Chelsea Hadaway
Supreme Court has ruled that in determining exemption from the Federal Arbitration Act (“FAA”) for “workers engaged in foreign or interstate commerce” — commonly referred to as the “transportation worker” exemption—courts must focus on workers’ job duties rather than the industry in which they work. [read post]
7 May 2024, 2:19 pm by Ilya Somin
In a 2022 post, I outlined how state laws banning interstate travel to get an abortion might also be unconstitutional on two other grounds: the Dormant Commerce Clause and lack of state authority to regulate activity outside its borders. [read post]
7 May 2024, 1:17 pm by Yosi Yahoudai
Rivera pleaded guilty in March 2023 to one count of conspiracy and one count of use of interstate commerce facilities for the commission of a murder-for-hire plot. [read post]
7 May 2024, 1:06 pm by AccelerateEditor
Examples of Interstate and Intrastate Trucks Interstate trucks serve as the lifeline of cross-country commerce, facilitating the movement of diverse goods across vast territories. [read post]
7 May 2024, 12:30 pm by Richard Reibstein Esq.
” In denying the company’s motion to dismiss, the Court concluded that “the interstate commerce requirements of the MCA exemption are not necessarily met by establishing that an employee is [merely] ‘engaged in commerce’ within the meaning of the FLSA,” and that “the factual allegations do not support the proposition that [the] drivers crossed state lines. [read post]
7 May 2024, 7:48 am by Howard Bashman
“Dormant Commerce and Corporate Jurisdiction”: Law professor Stephen E. [read post]
7 May 2024, 3:57 am
 The Board observed that, to prove relatedness for purpose of transference of acquired distinctiveness: applicant must establish, by appropriate evidence, [1] the extent to which the goods or services in the intent-to-use application are related to the goods or services in connection with which the mark is distinctive, and [2] that there is a strong likelihood that the mark’s established trademark function will transfer to the related goods or services when use in commerce… [read post]