(United States Second Circuit) - In a trademark action concerning the mark for Pudgie's pizza chain restaurants, the district court's grant of summary judgment to plaintiffs is affirmed where there is no genuine issue of material fact that defendant Tarntino obtained his federal trademark registration of PUDGIE'S by fraud.

(United States First Circuit) - In an infringement action to determine whether a Puerto Rico credit union infringed a bank's word mark and trade name ORIENTAL with its competing marks COOP ORIENTAL, COOPERATIVA ORIENTAL, ORIENTAL POP, and CLUB DE ORIENTALITO, the District Court's finding of non-infringement and refusal to enjoin their use is: 1) reversed as to COOP ORIENTAL, COOPERATIVA ORIENTAL, and ORIENTAL POP, where the district court's determination of non-infringement was clearly erroneous; and 2) affirmed where the district court's determination is supportable as to CLUB DE ORIENTALITO.

(United States Fifth Circuit) - Remanded for recalculation of an attorney fee award in a trademark infringement action, in which one nonprofit organization accused another of stealing its logo. Both organizations endorse political candidates.

(United States Supreme Court) - Struck down a statutory provision that prohibits the registration of immoral or scandalous trademarks. An entrepreneur who founded a new clothing line filed a First Amendment challenge when the U.S. Patent and Trademark Office refused to register his desired trademark FUCT. The U.S. Supreme Court sided with him and invalidated a provision of the Lanham Act. Justice Kagan delivered the opinion of the Court, in which five other justices joined.

(United States Supreme Court) - Clarified the statute of limitations in qui tam lawsuits. Justice Thomas delivered the Court's unanimous opinion in this case involving the False Claims Act.

(United States Supreme Court) - Held that a private citizen cannot sue one State in the courts of another. Overruled Nevada v. Hall, 440 U.S. 410 (1979), which had held that a State may grant or deny its sister States sovereign immunity as it chooses. The plaintiff here sought to bring a tort suit against a California state agency in Nevada state court. The U.S. Supreme Court concluded that the Constitution barred the suit. Justice Thomas delivered the opinion of the 5-4 Court.

(United States Supreme Court) - Struck down a statutory provision that prohibits the registration of immoral or scandalous trademarks. An entrepreneur who founded a new clothing line filed a First Amendment challenge when the U.S. Patent and Trademark Office refused to register his desired trademark FUCT. The U.S. Supreme Court sided with him and invalidated a provision of the Lanham Act. Justice Kagan delivered the opinion of the Court, in which five other justices joined.

(United States Fifth Circuit) - Affirmed. Even if an attorney's failure to object to a question about his immigration status during a murder trial had been ineffectual assistance it was not prejudicial.

#architektura #architekt #dom #design

#architektura #architekt #dom #design

#architektura #architekt #dom #design

RT @IsaacScher__: NEW: Half of all Brooklynites are white, but 97.5% of the borough's social distancing arrests were of people of color.

(NY Court of Appeals) - No. 81

Democrat and former presidential candidate Mayor Bill de Blasio "said the police had used enforcement authority properly," @nytimes reports:

(United States Federal Circuit) - In a patent infringement action, arising after two manufacturers of ambient light sensors shared technical and financial information during negotiations for a possible merger, the appeals court affirmed in part, reversed in part, and vacated in part a jury verdict for plaintiff as follows: 1) defendant's liability for trade secret misappropriation regarding a photodiode array structure was affirmed; 2) several patent infringement claims were reversed and several were affirmed; and 3) monetary damage awards were vacated and remanded for further consideration.

(United States Federal Circuit) - Affirmed the trial court's decision which had denied Plaintiff's challenge to the Patent Board’s denial of its patent. The government sought to recover costs and attorney’s fees under section 145 of the Patent Act. The trial court held that costs may be recovered under section 145, but not attorney fees.

(United States Federal Circuit) - Vacated in part and affirmed in part. Plaintiff owns patents for making flameless candles. The Patent Trial and Appeal Board held that certain claims by plaintiff were unpatentable and some claims were time barred. The Federal Circuit vacated the time barred decision as to one of the claims and affirmed the Board’s decision as to the other claims.

(United States Fifth Circuit) - Affirmed. Even if an attorney's failure to object to a question about his immigration status during a murder trial had been ineffectual assistance it was not prejudicial.

(Supreme Court of California) - Interpreted Proposition 47, a recent initiative measure that makes certain types of forgery misdemeanors if the value of the forged instrument does not exceed $950. Held that the amount written on a forged check establishes its value for this purpose. Resolved a split in the courts of appeal regarding how to determine the value of a forged check.

(United States Ninth Circuit) - Held that a clothing manufacturer could not proceed with a copyright infringement lawsuit against a competitor that allegedly copied a fabric design because the copyright registration was invalid due to knowingly inaccurate paperwork. Affirmed summary judgment for the defendants.

(United States Supreme Court) - Struck down a statutory provision that prohibits the registration of immoral or scandalous trademarks. An entrepreneur who founded a new clothing line filed a First Amendment challenge when the U.S. Patent and Trademark Office refused to register his desired trademark FUCT. The U.S. Supreme Court sided with him and invalidated a provision of the Lanham Act. Justice Kagan delivered the opinion of the Court, in which five other justices joined.

(United States Second Circuit) - The district court's order reciprocally suspending defendant-attorney from the practice of law before that court based on an order of the Connecticut Superior Court, is affirmed, where: 1) defendant received adequate notice of the charges; 2) defendant's other due process challenges to the state court proceedings are either meritless or, at most, concern harmless error; and 3) defendant also has not shown, by clear and convincing evidence, that there was a "substantial infirmity in the proof" supporting the state court disciplinary order.

(United States Second Circuit) - Judgment of the Committee on Grievances suspending petitioner-attorney from practicing law in the Southern District of New York for a period of seven years is affirmed, where: 1) there is no error in the committee's conclusion that petitioner violation the New York Code of Professional Responsibility; 2) the Committee acted well within its informed discretion in ordering a seven-year suspension, notwithstanding the lack of directly analogous precedent, based on its conclusion that petitioner's conduct was sui generis.

(United States Second Circuit) - The order of the Committee on Grievances for the United States District Court for the Southern District of New York, directing that the subject attorney's name be stricken from the roll of attorneys admitted to practice in its court is affirmed, where: 1) the record supports a determination that the attorney knowingly withdrew client funds without permission or authority and used said funds for his own personal purposes; and 2) disbarment was within the range of appropriate punishments.

(United States Second Circuit) - In this civil rights suit brought pursuant to 42 U.S.C. section 1983, in which plaintiff alleges that defendant volunteer ambulance corps and several of its directors violated her First and Fourteenth Amendment rights by levying disciplinary charges against her without a hearing, summary judgment in favor of defendants and dismissal of plaintiff's federal constitutional claims is affirmed, where: 1) emergency medical care and general ambulance services are not "traditionally exclusive public functions"; 2) extensive State regulation and oversight does not therefore entwine defendant with the State; and 3) defendant's conduct does not amount to state action.

(United States First Circuit) - In dispute arising from a district court order preliminarily enjoining defendants from misappropriating plaintiff's trade secrets by selling computer mouse products similar to or derived from those made by plaintiff, order is affirmed where court properly upheld the validity of a non-disclosure agreement between the parties.

(United States First Circuit) - In an action for trade secret misappropriation and breach of contract, involving certain ergonomic computer mouse products, district court's judgment is: 1) reversed where the it erred in extending the injunction to defendant's ErgoRoller product because the record does not support the finding that defendant breached the NDA in producing this product; 2) affirmed where it did not err in the duration of the injunction as applied to the other enjoined products; and 3) affirmed where it did not err in jury instructions on lost profits, as but for the breach, plaintiff could have recovered the lost profits by employing another company to manufacture the products and selling them.

(United States Fourth Circuit) - The district court did not abuse its discretion in staying plaintiffs' action seeking declaratory relief that it was not committing violations asserted by defendants in an earlier filed state law action, pending the resolution of the earlier parallel state lawsuit filed by defendants, where plaintiffs had every opportunity to procure a federal forum by removing defendants' first filed state suit rather than by bringing a separate federal action in an entirely separate federal district.

(United States Federal Circuit) - In suit to correct inventorship of the "Tuschl Patents," the district court's denial of defendants' motion to dismiss is affirmed, where: 1) the district court did not err in ruling that this is not a dispute between States falling within the exclusive original jurisdiction of the Supreme Court; 2) plaintiff was free to choose between filing this suit in the Supreme Court and filing in federal district court; and 3) the University of Massachusetts is not an indispensable party.

(California Court of Appeal) - Rule 8.278 of the California Rules of Court precludes defendant from recovering the interest paid on the borrowed funds that are deposited with the court in lieu of an appeal bond, and a recent amendment of rule 8.278, which expressly allows recovery of interest in this situation, and which became effective during the pendency of this appeal, should not be given retroactive application.

(United States Federal Circuit) - In a patent infringement action, arising after two manufacturers of ambient light sensors shared technical and financial information during negotiations for a possible merger, the jury verdict for plaintiff is affirmed in part, reversed in part, and vacated in part where: 1) defendant’s liability for trade secret misappropriation regarding a photodiode array structure is affirmed; 2) four patent infringement claims are reversed and four are affirmed; and 3) monetary damage awards are vacated and remanded for further consideration.

(United States Federal Circuit) - In a patent infringement action, arising after two manufacturers of ambient light sensors shared technical and financial information during negotiations for a possible merger, the appeals court affirmed in part, reversed in part, and vacated in part a jury verdict for plaintiff as follows: 1) defendant's liability for trade secret misappropriation regarding a photodiode array structure was affirmed; 2) several patent infringement claims were reversed and several were affirmed; and 3) monetary damage awards were vacated and remanded for further consideration.

(United States Fourth Circuit) - Affirmed a judgment ordering forfeiture to the United States of seven ancient Cypriot coins and eight ancient Chinese coins. A numismatist organization that opposed import restrictions on ancient coins argued that the forfeiture order imposed in connection with international rules on ownership of cultural property was improper. However, the Fourth Circuit rejected each of the organization's contentions of error.