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2 Dec 2019, 11:45 am by Steve Baird®
  TMEP §1207.01(d)(vi); see In re USA Warriors Ice Hockey Program, Inc., 122 USPQ2d 1790, 1793 n.10 (TTAB 2017). [read post]
2 Dec 2019, 11:20 am by Eric Goldman
In 1794, the addition of the 11th Amendment to the Constitution ensured that states would retain one key aspect of sovereignty vis-a-vis the new federal government: sovereign immunity. [read post]
2 Dec 2019, 9:55 am by Gene Takagi
”When the Borello Test is Used Instead of the ABC Test Professional Services Exception AB 5 provides that the ABC Test does not apply to a contract for “professional services” as defined below, and instead the determination of whether the individual is an employee or independent contractor will be governed by the Borello Test if the hiring entity demonstrates that all of the following factors are satisfied: (A) The individual maintains a business location, which may… [read post]
27 Nov 2019, 5:17 am by Kevin LaCroix
When embarking upon a transaction a director does not guarantee or warrant the success of the venture. [read post]
21 Nov 2019, 7:06 am by Clare Kindall
New York City rightly proffered that without the transport rule, the enforcement of premises licenses vis-à-vis carry licenses becomes impossible. [read post]
21 Nov 2019, 2:20 am
The duties, however, only exist vis-à-vis an implementer that shows itself to be a willing licensee by meeting certain obligations (“Obliegenheiten”).The OLG is of the opinion that, if the SEP holder does not follow these duties, the pursuit of an injunction claim will, as a rule, amount to abuse of dominance. [read post]
19 Nov 2019, 9:44 am by Chinmayi Sharma
Miers in support of the proposition that there is presumptive presidential privilege vis a vis the call package that is not Morrison’s to waive. [read post]
18 Nov 2019, 12:22 am
Baidu: Beijing Internet Court tackles protection of AI/software-generated work and holds that copyright only vests in works by human authorsNever Too Late 239 [Week ending 27 October] Guest Post: Martin v Kogan: Court of Appeal clarifies joint authorship test | BREAKING: UKSC finds Unilever is not too big to pay - Shanks v Unilever [2019] UKSC 45 | Around the IP Blogs | General Court says that relevant public's attention is 'average at best' when assessing likelihood of confusion… [read post]
15 Nov 2019, 4:05 am by Lyle Denniston
” (Article II created the presidency and spelled out the powers of the office, and Article VI’s Supremacy Clause generally makes the Constitution and federal law superior to state and local laws.) [read post]
7 Nov 2019, 5:02 am by Eugene Volokh
" Plus abortion, opposite-sex roommates, "serial cohabitation without benefit of vows," parents' custody rights vis-a-vis nonparents (here grandparents), and more.] [read post]
6 Nov 2019, 11:30 am by John Elwood
Court of Appeals for the 4th Circuit concluded that it does; the Patent and Trademark Office argues it does not. [read post]
6 Nov 2019, 12:26 am
Ineos Industries (which had applied in the past to invalidate a (different) Land Rover registered design, and proven successful) opposed the trade mark applications, on the following grounds:(i) the shapes were not capable of being registered;(ii) lack of inherent distinctiveness/descriptive in nature;(iii) the shapes had become customary in the established practice of trade of the goods;(iv) the shapes resulted from the nature of the goods themselves and/or are necessary to achieve a technical… [read post]
4 Nov 2019, 12:23 pm by Lyle Denniston
Compliance by the accounting firm with the subpoena, the decision said, “does not require the President to do anything at all. [read post]
4 Nov 2019, 11:03 am
There, the CJEU offers a general interpretation of article 7.1 of Directive 2008/95 (now article 45.1 Directive 2015/2436), noting that the mere existence of a division in the ownership of a trade mark does not result in the exhaustion of the rights. [read post]
1 Nov 2019, 2:44 pm by Steven E. Kaplow
Section VI (B) of the MOU specifies that reports of suspected non-employee offenses shall be made to the general counsel of the intelligence community element that employs the officer who acquired the information. [read post]
1 Nov 2019, 4:58 am by Jonathan Bench
Renewable energy (i.e. photo-voltaic power generation) does not require big power grids, for example. [read post]