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16 Nov 2017, 10:42 am
The partial exception was deceptive trade practices under the Illinois Uniform Deceptive Trade Practices Act, which covers “pass[ing] off goods or services as those of another” and “caus[ing] likelihood of confusion or of misunderstanding as to the source ... of goods” as deceptive trade practices. [read post]
12 Jun 2017, 5:40 pm
This balance permits“[s]ome modicum of uncertainty” to “ensur[e] theappropriate incentives for innovation,” but it also providesa “meaningful definiteness check” to prevent patentapplicants from “inject[ing] ambiguity into their claims. [read post]
27 Aug 2024, 6:00 am
Among other arguments, Netchoice alleged that Act 564 is preempted by the federal INFORM Act, which forbids a state from “establish[ing] or continu[ing] in effect any law, regulation, rule, requirement, or standard that conflicts with [its] requirements. [read post]
10 Dec 2014, 10:54 pm
Besides press publishers arguing in favour of the introduction of rights similar to the German and Spanish ones also in other EU Member States, eg Italy, IPKat readers will remember that one of the first moves of new EU Commissioner for Digital Economy and Society, Günther Oettinger, was to state in interviews with German newspapers that it may not be a bad idea to charge Google for "tak[ing] intellectual property from the EU and work[ing] with it". [read post]
12 Jun 2014, 4:38 am
” PETA made similar allegations.According to plaintiffs, defendants were unlawfully “‘promot[ing] [and] advertis[ing] [a] ... bloodless bullfight contest or exhibition, or ... similar contest or exhibition,’ in violation of section 597m of the California Penal Code. [read post]
3 Nov 2013, 4:36 am
Most lawyers thought I was crazy to say that 33.021(b) was unconstitutional; they kept pleading those cases even after they knew about the pending appeal in the Texas Court of Criminal Appeals.If you’re a lawyer, please don’t try this at home. [read post]
27 Sep 2018, 9:26 am
King County) that the exclusion of "demean[ing] or disparag[ing]" material was unconstitutionally viewpoint-based, and thus inconsistent with the Supreme Court's recent decision in Matal v. [read post]
1 Aug 2021, 10:29 am
The Act also did not protect him as a patient because it only pertained to marijuana-related activity aimed at "treat[ing] or alleviat[ing] the patient's serious or debilitating medical condition or symptoms of [that] condition" -- a condition Trevino never demonstrated he had.The Court next addressed Trevino's claim the Government presented insufficient evidence to convict him of the conspiracy charge, citing the Sixth Circuit's 1924 decision in Landen v. [read post]
5 Aug 2014, 10:08 am
”The claim is that the constant process of iteration enables the startup to remain lean by“eliminat[ing] wasteful practices and increas[ing] value producing practices during the product development phase so that startups can have a better chance of success without requiring large amounts of outside funding, elaborate business plans, or the perfect product. [read post]
14 Feb 2022, 6:49 am
After an officer yelled at plaintiff for greeting his wife with a hug and kiss during visitation (the rules allow for such an embrace), the three guards attacked him after removing any witnesses from the room and "brutally kick[ing] and punch[ing]" him for 30 to 60 seconds while a guard held plaintiff down. [read post]
19 Oct 2020, 1:13 pm
SWAT-ing episode exposes police overreaction: Grits is late to discussing the SWAT-ing incident out of Stephen F. [read post]
24 Feb 2019, 1:54 pm
You should ask AOC because she's the one who's going to be doing the president-ing. [read post]
5 Mar 2020, 3:49 pm
Acclimation of older children and the intentions and circumstances of caregiving parents are relevant considerations, but no single fact is dispositive across all cases. [read post]
23 May 2023, 5:01 am
The post Preliminary Injunction Against "Disparag[ing]" or "Frivolous" Claims About School Board or Employees … appeared first on Reason.com. [read post]
20 Jul 2012, 10:25 am
Under this doctrine, I think a ban on “demean[ing]” speech about religions, races, and the like is unconstitutionally viewpoint-based, given that positive speech about various groups — or about tolerance, equality, and so on — is allowed. 2. [read post]
1 Apr 2019, 10:43 am
” Fontenot challenged the law as a violation of her Fourteenth Amendment due process rights, “irrationally burden[ing] . . . [read post]
21 Aug 2018, 5:02 am
United States, centered on 26 USC § 7212(a), the so-called Omnibus Clause of the Internal Revenue Code, which criminalizes the act of "corruptly or by force or threat of force ... obstruct[ing] or imped[ing], or endeavor[ing] to obstruct or impede, the due administration of [taxes]. [read post]
28 Mar 2013, 5:00 am
Id. at *4.Intercircuit transfers under the Chief Justice’s guidelines can only be used “meeting judicial necessities,” and not for “other purposes” such as “improve[ing] judicial efficiency, preserv[ing] scarce judicial resources and enhance[ing] MDL judges’ control over their proceedings” that, while “worthy,” are not mentioned anywhere in the guidelines. [read post]
1 May 2019, 1:38 pm
” But 502(c)(3) prohibits individuals from “[k]nowingly and without permission us[ing] or caus[ing] to be used computer services. [read post]
7 Oct 2014, 2:48 pm
More precisely, the act bans “force feed[ing] a bird for the purpose of enlarging the bird's liver beyond normal size, or hir[ing] another person to do so,” Calif. [read post]
