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30 Sep 2011, 4:53 pm by Brian Shiffrin
Even assuming, arguendo, that the court advised defendant of the scheduled trial date and warned him that the trial would proceed in his absence if he failed to appear (see generally People v Parker, 57 NY2d 136, 141), we conclude that the court failed to inquire into defendant’s absence and to recite “on the record the facts and reasons it relied upon in determining that defendant’s absence was deliberate” (People v Brooks, 75 NY2d 898, 899, mot to… [read post]
30 Sep 2011, 4:53 pm by Brian Shiffrin
Even assuming, arguendo, that the court advised defendant of the scheduled trial date and warned him that the trial would proceed in his absence if he failed to appear (see generally People v Parker, 57 NY2d 136, 141), we conclude that the court failed to inquire into defendant’s absence and to recite “on the record the facts and reasons it relied upon in determining that defendant’s absence was deliberate” (People v Brooks, 75 NY2d 898, 899, mot to amend… [read post]
30 Aug 2023, 8:25 am by Eric Goldman
“Nursing CE Central” is a descriptive mark with “a weak secondary meaning….the plaintiff makes no meaningful showing that the public, or even those in the market in which it competes, readily recognizes its name. [read post]
9 Sep 2022, 8:43 am by Eric Goldman
For example, the court says: “Defendant deliberately and strategically utilized the Internet to spread statements capable of defamatory meaning. [read post]
8 Jan 2024, 7:48 am by Eric Goldman
The court doesn’t define what it means by a metatag or establish that “metatags” were the technical mechanism that associated the rival’s products with the trademark owner’s trademark. [read post]
14 Jun 2007, 2:15 pm
The Missouri Supreme Court, in in Mint Properties v. [read post]