usa

Gold Medal LLC v. USA Track and Field

(United States Ninth Circuit) - Affirmed that the U.S. Olympic Committee and USA Track and Field did not violate antitrust law by imposing advertising restrictions during the Olympic Trials. A chewing gum company that wished to pay to display its logo on athletes' apparel brought this suit to challenge the advertising restrictions. Rejecting the company's arguments, the Ninth Circuit held that the defendant organizations were entitled to implied antitrust immunity on the basis that their advertising restrictions were integral to performance of their duties under the Ted Stevens Olympic and Amateur Sports Act.




usa

BWP Media USA Inc. v. Polyvore, Inc.

(United States Second Circuit) - Revived a media company's claim that a popular website infringed its copyright in certain photographs of famous celebrities. The website, which enables users to create and share digital photo collages, has a clipper tool that lets users clip images from other websites. Reversed summary judgment in relevant part, in this case involving the Digital Millennium Copyright Act.




usa

Stemcor USA Inc. v. Cia Siderurgica do Para Cosipar

(United States Fifth Circuit) - On rehearing of a dispute between two creditors, held that Louisiana's non-resident attachment statute allows for attachment in aid of arbitration. Further held that subject matter jurisdiction existed here under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Vacated and remanded.




usa

Philip Morris USA, Inc. v. King Mtn. Tobacco Co.

(United States Ninth Circuit) - In a trademark infringement action based on allegedly infringing cigarette packaging being sold on the Internet, an Indian reservation and elsewhere, the District Court's order staying the action in favor of proceedings before a tribal court is reversed where the tribal court did not have colorable jurisdiction over a nonmember's claims for trademark infringement on the Internet and beyond the Indian reservation. (Amended opinion)




usa

Philip Morris USA, Inc. v. King Mtn. Tobacco Co.

(United States Ninth Circuit) - In a trademark infringement action based on allegedly infringing cigarette packaging being sold on the Internet, an Indian reservation and elsewhere, the District Court's order staying the action in favor of proceedings before a tribal court is reversed where the tribal court did not have colorable jurisdiction over a nonmember's claims for trademark infringement on the Internet and beyond the Indian reservation.




usa

Bodum USA, Inc. v. La Cafetiere, Inc.

(United States Seventh Circuit) - In a suit for common law trade dress of a French-press coffee maker known as the Chambord, district court's judgment in favor of the defendant is affirmed as, Article 4 of the parties' contract is clear and precise as it allows defendant to sell the coffee maker design anywhere except France - provided that it does not use the Chambord or Melior names and does not use plaintiff's supply channels for four years.




usa

Ateliers de la Haute-Garonne v. Broet Je Automation USA Inc.

(United States Federal Circuit) - In action in which plaintiff asserted counts of patent infringement, trade dress infringement, unfair competition, and intentional interference with prospective economic advantage, the district court's ruling that the claims in suit are invalid for failure to disclose the best mode of carrying out the invention related to the process for distributing rivets is: 1) reversed in part, as to the judgment of invalidity on best mode grounds; 2) affirmed in part, that the patent was not abandoned; and 3) remanded for determination of the remaining issues.




usa

Adidas America, Inc. v. Sketchers USA, Inc.

(United States Ninth Circuit) - Affirming in part and reversing in part a preliminary injunction prohibiting Sketchers from selling shoes that allegedly infringe and dilute Adidas's Stan Smith trade dress and three stripe mark, affirming that the district court did not abuse its discretion in issuing the preliminary injunction and reversing the portion issuing an injunction as to the Stan Smith trade dress, but reversing the portion relating to the three stripe mark because Adidas failed to establish the irreparable harm element of this particular claim.




usa

Bodum USA, Inc. v. A Top New Casting Inc.

(United States Seventh Circuit) - Held that the manufacturer of a coffeemaker infringed the unregistered trade dress of a competitor's widely lauded product by mimicking the overall appearance. Affirmed a jury verdict.




usa

Intellectual Ventures I LLC v. T-Mobile USA, Inc.

(United States Federal Circuit) - Reinstated a patent infringement claim upon finding that the district court's grant of summary judgment resulted from an erroneous claim construction. The patentee accused several telecommunications companies of infringing its patent for an application-aware resource allocator. On appeal, the Federal Circuit agreed with the patentee that the district court construed the patent incorrectly. The panel vacated in relevant part and remanded.




usa

Nobel Biocare Services AG v. Instradent USA, Inc.

(United States Federal Circuit) - A company appealed from the determination in an inter partes review that certain claims of its patent directed to dental implants were unpatentable. Affirming, the Federal Circuit concluded that the Patent Trial and Appeal Board did not err in its anticipation finding.




usa

Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc.

(United States Supreme Court) - Held that an inventor's sale of an invention to a third party who is obligated to keep the invention confidential can qualify as prior art for purposes of determining the patentability of the invention. The dispute here involved two pharmaceutical companies that disagreed about whether a certain drug was under patent; one of the companies wanted to market a generic version of it. Justice Thomas delivered the unanimous opinion.




usa

USA v. Simon

(United States Seventh Circuit) - Affirmed. Defendant, a prior felon, was pulled over for a traffic stop. A drug-sniffing dog alerted on Defendants car. A search of the vehicle did not find drugs but did find a gun. Defendant was charged with felon-in-possession. Defendant was sentenced to 15 years. Defendant appealed on grounds that search was improper and error by trial court. Appellate court found no reversible error.




usa

Gold Medal LLC v. USA Track and Field

(United States Ninth Circuit) - Affirmed that the U.S. Olympic Committee and USA Track and Field did not violate antitrust law by imposing advertising restrictions during the Olympic Trials. A chewing gum company that wished to pay to display its logo on athletes' apparel brought this suit to challenge the advertising restrictions. Rejecting the company's arguments, the Ninth Circuit held that the defendant organizations were entitled to implied antitrust immunity on the basis that their advertising restrictions were integral to performance of their duties under the Ted Stevens Olympic and Amateur Sports Act.




usa

Mayall v. USA Water Polo, Inc.

(United States Ninth Circuit) - Held that a child who suffered head injuries while playing in a youth water polo league stated a claim that USA Water Polo acted negligently and unlawfully by failing to implement concussion-management and return-to-play protocols. Reversed the dismissal of a proposed class action brought by her parent on her behalf.




usa

Federal Insurance Company v. USA

(United States Second Circuit) - Denying the petition for mandamus by an insurer that had paid millions on an Employee Theft Insurance policy when the insured company was found to have engaged in corrupt activities such as obtaining bribes and kickbacks from subcontractors to a government contract it held because, even if they had overcome various procedural obstacles, the company's criminal conduct and, by extension, that of the insurer, precluded them from obtaining restitution from an implicated employee, but vacating and remanding an order dismissing the insurer's petition in the employee's forfeiture proceeding because the district court failed to determine whether the company's unclean hands kept it from an equitable remedy.




usa

Oracle USA, Inc. v. Rimini Street, Inc.

(United States Ninth Circuit) - Partially affirming, partially reversing, and vacating the district court's judgment after jury trial in favor of Oracle on its copyright claims against a provider of third party support, affirming judgments of infringement, but reversing judgment as to California and Nevada statutes that weren't violated by use of automated tools, reducing damages accordingly, and vacating the permanent injunction and reversing the award of attorney's fees.




usa

Glacier Films (USA), Inc. v. Turchin

(United States Ninth Circuit) - Reversed the denial of attorney's fees in a copyright infringement case. A man agreed to pay $750 in statutory damages to a film production company for illegally downloading a movie using a peer-to-peer network and distributing it 80 times, and the parties agreed that the court would decide whether to award attorney's fees. When the court denied fees, the production company appealed. Agreeing with the company, the Ninth Circuit held that the district court failed to correctly apply certain factors in deciding whether to award attorney fees.




usa

Rimini Street, Inc. v. Oracle USA, Inc.

(United States Supreme Court) - Held that the Copyright Act authorizes federal district courts to award a prevailing party only the six categories of costs specified in the general costs statute. A software manufacturer that obtained an infringement judgment against another company argued that the Act's reference to "full costs" meant that a court could award it costs beyond the six categories. The U.S. Supreme Court unanimously rejected this argument for additional costs in an opinion delivered by Justice Kavanaugh.




usa

BWP Media USA Inc. v. Polyvore, Inc.

(United States Second Circuit) - Revived a media company's claim that a popular website infringed its copyright in certain photographs of famous celebrities. The website, which enables users to create and share digital photo collages, has a clipper tool that lets users clip images from other websites. Reversed summary judgment in relevant part, in this case involving the Digital Millennium Copyright Act.




usa

Vivendi SA v. T-Mobile USA Inc.

(United States Ninth Circuit) - In an action alleging RICO violations in connection with defendants' acquisition of a Polish telecommunications company, the dismissal of the action on forum non conveniens grounds is affirmed where the relevant evidence and witnesses were located in Poland and plaintiff was engaging in forum-shopping.




usa

Helsinn Healthcare S.A. v. Teva Pharmaceuticals USA, Inc.

(United States Supreme Court) - Held that an inventor's sale of an invention to a third party who is obligated to keep the invention confidential can qualify as prior art for purposes of determining the patentability of the invention. The dispute here involved two pharmaceutical companies that disagreed about whether a certain drug was under patent; one of the companies wanted to market a generic version of it. Justice Thomas delivered the unanimous opinion.




usa

BWP Media USA Inc. v. Polyvore, Inc.

(United States Second Circuit) - Revived a media company's claim that a popular website infringed its copyright in certain photographs of famous celebrities. The website, which enables users to create and share digital photo collages, has a clipper tool that lets users clip images from other websites. Reversed summary judgment in relevant part, in this case involving the Digital Millennium Copyright Act.




usa

Hanna v. Mercedes-Benz USA LLC

(California Court of Appeal) - In a car purchaser's successful lemon law suit, held that the trial court used an improper method to determine reasonable attorney fees. Remanded for a recalculation of the fee award.




usa

Stemcor USA Inc. v. Cia Siderurgica do Para Cosipar

(United States Fifth Circuit) - On rehearing of a dispute between two creditors, held that Louisiana's non-resident attachment statute allows for attachment in aid of arbitration. Further held that subject matter jurisdiction existed here under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Vacated and remanded.




usa

Deadline Upcoming: USArtists International 2016-2017

USArtists International Provides Grants To Ensembles And Individual Performers In Music Invited To Perform At Significant International Festivals




usa

Deadline Looms - The 22nd Annual USA Songwriting Competition

This Opportunity Is Gone Soon For Songwriters, Deadline To Enter Is May 31st




usa

Jeffrey Siegel, et al. v. HSBC North America Holdings, Inc. and HSBC Bank USA, N.A.

(United States Second Circuit) - Affirmed. The district court granted Defendants’ motion to dismiss for failure to state a claim. Plaintiffs failed to plausibly allege that the defendants knowingly aided or abetted November, 2005 attacks in Jordan.




usa

Trammell Crow settles bid-rigging accusations in Denver convention center expansion

The development manager accused of showing favoritism toward a construction bidder on the Colorado Convention Center expansion project has signed a $250,000 settlement with state investigators.




usa

Gold Medal LLC v. USA Track and Field

(United States Ninth Circuit) - Affirmed that the U.S. Olympic Committee and USA Track and Field did not violate antitrust law by imposing advertising restrictions during the Olympic Trials. A chewing gum company that wished to pay to display its logo on athletes' apparel brought this suit to challenge the advertising restrictions. Rejecting the company's arguments, the Ninth Circuit held that the defendant organizations were entitled to implied antitrust immunity on the basis that their advertising restrictions were integral to performance of their duties under the Ted Stevens Olympic and Amateur Sports Act.




usa

Clean energy industry could shed hundreds of thousands of jobs, report says

Oil and gas aren't the only part of the energy industry getting pummeled during the coronavirus outbreak. A new report says job losses are starting to pile up in the previously fast-growing renewable energy and energy efficiency sectors, too. The report released Wednesday by E2, Environmental Entrepreneurs, said more than 106,000 workers in the "clean energy" industry lost their jobs in March.




usa

Who Else Wants Kevin Hart’s Sausage?



Tosha wants a man.




usa

BET Future 40: Miss USA Cheslie Kryst



This Miss USA is still all about the side hustle.




usa

Simone Biles Slams USA Gymnastics Organization Over Birthday Tribute

The gymnast turned 23 years old.




usa

Michelle Obama, Susan Rice Brought In For D.C. COVID-19 Help



They will contribute to the nation’s capital’s response




usa

Triathlon: Flora Duffy Finishes 5th In Lausanne

Bermudian triathlete Flora Duffy finished 5th in the ITU World Triathlon Grand Final Lausanne this weekend. Triathlon.org reported that “Katie Zaferes became ITU World Champion on Saturday evening in the Olympic Capital Lausanne, sealing the greatest season of her career with a fifth WTS gold of the year. “Second for Learmonth ensured she finished with the overall […]

(Click to read the full article)




usa

Cyclists Compete In USA Cycling Virtual Race

18 local cyclists took part in the USA Cycling Dadurday Chase Virtual Race. Leading the way was Alexander Miller who competed in the A Division, finishing 9th clocking a time of 47:50, Tommy Marshall was the top B Division rider crossing the line 24th with a time of 51:15. Tim Madeira won the C Division race […]

(Click to read the full article)




usa

Video: Usain Bolt Races In Bermuda In 2004

As Bermuda prepares for Carifta Games 2020, which will be held on the island, the event’s organisers have posted a throwback video featuring Usain Bolt when the world-renowned Jamaican track athlete competed in Carifta 2004, also held in Bermuda. During the 2004 event, Bolt broke the 200m world junior record, won three gold medals, and […]

(Click to read the full article)




usa

USA Defeat Bermuda In Doubles Quarter-Finals

Bermuda squash duo Micah Franklin and Noah Browne took on the United States in the Men’s Doubles Quarter Finals at the Pan Am Games in Peru. The pair found themselves down 6-2 in the first game, they were able to stage a comeback to make it 8-6, but the American pair closed out the first […]

(Click to read the full article)




usa

HCL finishes its year with 15 percent growth, 100 million minutes-a-month Teams usage

Cracks the 150,000-employee mark as revenue falls just short of $10bn

Indian services giant HCL Technologies has wound up its 19/20 financial year by reporting 15 percent annual growth but a flat Q4.…




usa

Berlin High School football recruiting scandal cost Berlin Connecticut taxpayers tens of thousands of dollars

Eyewitness News has learned that the Berlin High School football recruiting scandal may have cost Berlin taxpayers tens of thousands of dollars. Continue reading




usa

IBM Green Data Centre To Save Victoria University Thousands in Power Costs

IBM today announced that Victoria University has selected IBM to design and build the university’s first green data centre.



  • Global Technology Services

usa

Pravidla pro chytré sítě 5G by v USA mohla psát i Huawei

Ministerstvo obchodu Spojených států připravuje nová digitální pravidla. Americké podniky by na základě nich mohly spolupracovat s čínskou firmou Huawei Technologies na stanovování norem pro mobilní sítě (5G). Agentuře Reuters to řekly zdroje obeznámené se situací. Loni touto dobou přitom USA uvalily restrikce na obchodování s Huawei.



  • Ekonomika - Zahraniční

usa

Nezaměstnaných v USA za měsíc přibylo ze 4 na 15 procent

Ve Spojených státech v dubnu zaniklo rekordních 20,5 milionu pracovních míst. Míra nezaměstnanosti vzrostla na 14,7 procenta z březnových 4,4 procenta. Dostala se tak na nejvyšší úroveň od velké hospodářské krize ve 30. letech minulého století.



  • Ekonomika - Zahraniční

usa

USA Badminton taken off probation by USOPC

USA Badminton has been taken off probation by the U.S. Olympic and Paralympic Committee, which tried to decertify the organization for noncompliance to protect athletes from sexual abuse.




usa

How to Iron Everyday Usable Embroidered Goods

You can iron your embroidery. I do it all the time! But I hear from a lot of people who …




usa

#98: Thousand Oaks, CA




usa

Hitch is a reusable water bottle and coffee cup in one

Coffee is a popular start to the day for millions of people. There’s nothing quite like the scent of coffee wafting through the air and that first sip to get you started on the right foot. But an estimated 3 billion paper cups end up in the landfills each year — cups that mostly can’t be recycled due to the mixed materials, including plastic. The solution, of course, is reusable coffee cups; however, many people have struggled to incorporate that addition into the host of other items that travel with them daily. So Remaker Labs, a Santa Barbara-based company, has[...]




usa

Critical SaltStack RCE Bug (CVSS Score 10) Affects Thousands of Data Centers

Two severe security flaws have been discovered in the open-source SaltStack Salt configuration framework that could allow an adversary to execute arbitrary code on remote servers deployed in data centers and cloud environments. The vulnerabilities were identified by F-Secure researchers earlier this March and disclosed on Thursday, a day after SaltStack released a patch (version 3000.2)




usa

Usana Vitamins - How Can You Build a Down Line of Hungry Distributors From the Comfort of Your Home?

How long have you been trying to build a team and generate a residual income with Usana Vitamins? Well whether it is 3 days. 3 months or 3 years it really does not matter. You will benefit from the information I am going to share with you today.