Search for: "UNKNOWN PERSONS AND INTERESTED PARTIES"
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17 Sep 2011, 6:49 am
This view is consistent with the basic principle that where the terms of the contract are clear, it is not the court’s function to make a better contract for either of the parties. [read post]
8 Sep 2011, 11:35 pm
A data breach can result in the exposure of private customer information (credit card information, social security numbers, email addresses, etc.) to unknown third parties who may fraudulently use that information. [read post]
23 Aug 2011, 5:47 pm
An interesting claim construction issue over a wafer being wafers is walked all over by the CAFC extending the § 102(b) on-sale bar to cover eventual invention. [read post]
23 Aug 2011, 2:36 pm
" See this earlier post for details and a catalogue of the many lawsuits to which ECUSA is a party, mostly as a plaintiff; and see this updated report by the American Anglican Council for the latest statistics -- which are now out of date as I write. [read post]
23 Aug 2011, 6:20 am
What remains unknown about yesterday's announcement from the Chairman is just how far this repeal goes. [read post]
18 Aug 2011, 3:14 pm
To rely on knowledgeable private parties to root out illegality even though there also are governmental agencies devoted to the same purpose, and to marry the private parties’ economic interests to this, is nothing unusual. [read post]
16 Aug 2011, 12:50 pm
Vicarious liability is also discussed on this blog in Game Developer Alleges Copyright and Computer Fraud and Abuse Act Violations in Suit Against Unknown Defendants. [read post]
15 Aug 2011, 9:24 pm
Without stipulation as to liability, all parties agree to completely release and discharge any and all claims of any kind, asserted or unasserted, known or unknown, that were or that could have been joined in the referenced litigation between these parties. . . . .[4] 3. [read post]
14 Aug 2011, 9:29 pm
Betty can respond that this was a contract for personal services for “the rest of [Al’s] life” since his life expectancy is unknown, the law assumes that it can be performed within one year even if it can (and did) take longer. [read post]
14 Aug 2011, 9:29 pm
Betty can respond that this was a contract for personal services for “the rest of [Al’s] life” since his life expectancy is unknown, the law assumes that it can be performed within one year even if it can (and did) take longer. [read post]
12 Aug 2011, 7:27 am
[C]ourts have a compelling interest in applying the procedural rules of the forum regarding how proceedings are conducted. . . . [read post]
10 Aug 2011, 4:18 am
The Court also held that joinder did not serve judicial interests or economy. [read post]
8 Aug 2011, 3:00 am
The likelihood of being stuck with a tax bill is even higher if, in addition, the parties exchanged general releases. [read post]
8 Aug 2011, 2:55 am
" It is noteworthy that in 2005 the Intellectual Property Law introduced a process through which the authorities may declare the fame or notoriety of a mark by allowing the interested party to employ all evidence that is necessary to prove such status. [read post]
5 Aug 2011, 12:32 pm
If the statute applies only to advertising, then it shouldn't matter if editorial content becomes more interesting because it addresses third party personalities. [read post]
5 Aug 2011, 7:00 am
[Doe]‘s mental status is unknown. [read post]
2 Aug 2011, 3:40 am
HRA s12(2) applies in respect of both (a) respondents to the proceedings and (b) any non-parties who are to be served with or otherwise notified of the order, because they have an existing interest in the information which is to be protected by an injunction (X & Y v Persons Unknown [2007] EMLR 290 at [10] – [12]). [read post]
30 Jul 2011, 11:14 am
Treasury in their personal pockets. ! [read post]
29 Jul 2011, 3:52 pm
To prevail on a claim of trademark infringement under § 1114, a party must prove: (1) that is has a protectable ownership interest in the mark; and (2) that the defendant’s use of the mark is likely to cause consumer confusion. [read post]
29 Jul 2011, 11:39 am
The class in question is (in general) all U.S. persons with accounts in a foreign financial institution. [read post]
