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10 Nov 2014, 1:36 am
The decision deals in a routine, run-of-the-mill manner with a routine-run-of-the-mill issue: the availability of interim injunctive relief to an established business against a trader introducing a new and arguably confusingly similar business name into the established business's market.* Brand Tough? [read post]
10 Dec 2020, 7:44 am by Rebecca Tushnet
Newsweek LLC, 464 F.Supp.3d 594 (SDNY 2020). [read post]
1 May 2012, 1:31 pm by WOLFGANG DEMINO
“Reasonable certainty” is not shown when the profits claimed to be lost are largely speculative, as from an activity dependent on uncertain or changing market condition, on “chancy” business opportunities, or on promotion of untested products or entry into unknown markets or unproven enterprises. [read post]
10 May 2023, 9:08 am by Peter S. Lubin and Patrick Austermuehle
(See: Couri, 95 Ill.2d 91, 69 Ill.Dec. 117, 447 N.E.2d 334; Mandell, 86 Ill.App.3d 437, 41 Ill.Dec. 323, 407 N.E.2d 821; Dayan, 125 Ill.App.3d 972, 81 Ill.Dec. 156, 466 N.E.2d 958; Foster Enterprises, 97 Ill.App.3d 22, 52 Ill.Dec. 303, 421 N.E.2d 1375.) [read post]
19 Jun 2014, 2:09 am
*A lesser enterprise than Louis Vuitton might have heaved a sigh of relief and concentrated its energies in the manufacture of lock-bearing underwear, socks and pyjamas. [read post]
7 Feb 2020, 1:41 pm
Under such agreements, the patent holder pays generics to stay off the market or at least delay their entry. [read post]
12 Aug 2013, 6:18 am by Rebecca Tushnet
Passport Video, 349 F.3d 622, 629 (9th Cir. 2003)). [read post]
8 Apr 2021, 9:52 am by Eric Goldman
  Android-based smartphones and devices have captured a large share of the U.S. market, and as of 2015, they earned Google about $42 billion in revenue. [read post]
22 Feb 2013, 2:02 pm by The Complex Litigator
Accordingly, “the franchisor's interest in the reputation of its entire [marketing] system allows it to exercise certain controls over the enterprise without running the risk of transforming its independent contractor franchise into an agent. [read post]