(United States Third Circuit) - In a trademark dispute in which no written contract designates ownership, involving the paradigm through which common law ownership of an unregistered trademark is determined when the initial sale of goods bearing the mark is between a manufacturer and its exclusive distributor, the district court's judgment is: 1) affirmed on alternative grounds as to ownership, where the court failed to recognize and apply the rebuttable presumption of manufacturer ownership that pertains where priority of ownership is not otherwise established; 2) affirmed as to fraud and acquiescence; and 3) vacated and remanded on damages under the Lanham Act, where the court incorrectly relied on gross sales unadjusted to reflect sales of infringing products to calculate damages.

(United States Ninth Circuit) - Ordering the district court to vacate orders prohibiting the petitioner from expressing their views on litigation or republishing public documents over social media platforms, and requiring them to post a disclaimer prohibiting comment on the litigation because this amounted to prior restraint on their First Amendment rights.

(United States Ninth Circuit) - Reversing the district court's summary judgment in favor of the defendant in a suit for trademark infringement relating to foam earplugs in a specific bright green color used by the plaintiffs in their earplugs because the district court's conclusion that the green color mark was functional and therefore not protectable as trade dress was in error. The existence or nonexistence of alternative designs is probative of functionality or nonfunctionality and a genuine issue of fact regarding whether the color was functional remained.

(United States Supreme Court) - Held that a bankrupt company's rejection of a trademark licensing agreement did not deprive its licensee of the rights to use the trademark. The U.S. Supreme Court interpreted Section 365 of the Bankruptcy Code, which enables a debtor to reject any executory contract, meaning a contract that neither party has finished performing. Justice Kagan delivered the opinion of the 8-1 Court.

(United States Seventh Circuit) - Addressed a damages issue in a case where a jury found that a musical instrument retailer infringed another retailer's trademark. Affirmed the denial of the plaintiff's motion amend the judgment.

(United States Supreme Court) - Held that a bankrupt company's rejection of a trademark licensing agreement did not deprive its licensee of the rights to use the trademark. The U.S. Supreme Court interpreted Section 365 of the Bankruptcy Code, which enables a debtor to reject any executory contract, meaning a contract that neither party has finished performing. Justice Kagan delivered the opinion of the 8-1 Court.

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Wow! Noise is a secret killer of performance. A 10db noise increase (from a dishwasher to a vacuum) drops productivity by 5% - but most people don't notice since it impacts cognition, not effort. Also, note that noise is greater in poorer neighborhoods...

(United States Supreme Court) - Held that a bankrupt company's rejection of a trademark licensing agreement did not deprive its licensee of the rights to use the trademark. The U.S. Supreme Court interpreted Section 365 of the Bankruptcy Code, which enables a debtor to reject any executory contract, meaning a contract that neither party has finished performing. Justice Kagan delivered the opinion of the 8-1 Court.

(United States Seventh Circuit) - Addressed a damages issue in a case where a jury found that a musical instrument retailer infringed another retailer's trademark. Affirmed the denial of the plaintiff's motion amend the judgment.

(California Court of Appeal) - Award of attorney fees to defendant in an underlying action for misappropriation of trade secret by seeking to hire away plaintiff's employees, is affirmed where: 1) the trial court's findings are free of procedural error; 2) the finding of plaintiff's bad faith is amply supported by evidence that defendants did no more than attempting to recruit the employees of a competitor, which they are entitled to do under California state law; and 3) defendant prevailed when plaintiff dismissed the suit to avoid an adverse determination on the merits.

(United States Supreme Court) - Vacating and remanding the Second Circuit's support of a motion to dismiss a complaint relating to allegations that Chinese sellers of Vitamin C were engaged in price and quantity fixing of exports to the US because although the Ministry of Commerce of the People's Republic of China averred that the alleged price fixing scheme was actually a pricing regime mandated by the Chinese Government the court was not bound to accord conclusive effect to the foreign government's statements. No law or regulation had been cited and a foreign nation's laws must be proven as facts.

(United States Ninth Circuit) - In a diversity insurance coverage action, District Court erred in not applying the specialized meaning of terms in an insurance contract, as required by the California Civil Code (here “war” and “warlike action”). Summary judgment in favor of insurer overturned.

(United States Fifth Circuit) - Petition for review denied. A man injured while unloading a vessel on a fixed platform in Louisiana territorial waters met the requirements for coverage under the Longshore and Harbor Workers' Compensation Act.

(United States Ninth Circuit) - Ordering the district court to vacate orders prohibiting the petitioner from expressing their views on litigation or republishing public documents over social media platforms, and requiring them to post a disclaimer prohibiting comment on the litigation because this amounted to prior restraint on their First Amendment rights.

(United States Federal Circuit) - In the Government's challenge to the Court of International Trade's (CIT) third remand determination that certain aluminum trim kits do not fall within the scope of the antidumping and countervailing duty orders on aluminum extrusions from the People's Republic of China, the CIT determination is reversed where the Department of Commerce correctly found in its initial decision that plaintiff's trim kits are aluminum extrusions which are shapes and forms made of an aluminum alloy that is covered by the scope of the Orders.

(United States Federal Circuit) - Reversing and remanding a decision by the US Court of International Trade affirming a remand determination of the US Department of Commerce regarding the import of extruded aluminum door handles for kitchen appliances packaged for importation with plastic end caps and screws as being within the scope of relevant antidumping and countervailing duties orders where, on appeal, the Court of International Trade concluded that Commerce's scope ruling was unreasonable and unsupported by substantial evidence that resulted in a Commerce determination, under protest, that the subject products were not included within the scope of the relevant orders.

(United States Supreme Court) - Vacating and remanding the Second Circuit's support of a motion to dismiss a complaint relating to allegations that Chinese sellers of Vitamin C were engaged in price and quantity fixing of exports to the US because although the Ministry of Commerce of the People's Republic of China averred that the alleged price fixing scheme was actually a pricing regime mandated by the Chinese Government the court was not bound to accord conclusive effect to the foreign government's statements. No law or regulation had been cited and a foreign nation's laws must be proven as facts.

(United States Ninth Circuit) - Reversing the district court's summary judgment in favor of the defendant in a suit for trademark infringement relating to foam earplugs in a specific bright green color used by the plaintiffs in their earplugs because the district court's conclusion that the green color mark was functional and therefore not protectable as trade dress was in error. The existence or nonexistence of alternative designs is probative of functionality or nonfunctionality and a genuine issue of fact regarding whether the color was functional remained.

(California Court of Appeal) - Held that the organizer of a half-marathon race potentially could be liable for the cardiac-arrest death of one of the runners. Surviving family members of the runner alleged that the race organizer was negligent or grossly negligent with respect to the provision of emergency medical services. Affirming in part and reversing in part, the First Appellate District held that summary judgment was not warranted based on primary assumption of the risk and that a triable issue of material fact existed regarding gross negligence.

(United States Fifth Circuit) - Held that a professional basketball player was not entitled to compensation for his alleged lost earnings resulting from the Deepwater Horizon oil spill. A player for the New Orleans Hornets (now known as the New Orleans Pelicans) claimed that the spill indirectly impacted his earnings under a previously negotiated contract. On BP's appeal, the Fifth Circuit overturned the award approved by a settlement claims administrator.

(United States Fifth Circuit) - Affirmed that a nonprofit organization was entitled to compensation under a settlement program that oil company BP established following the Deepwater Horizon oil spill. Upheld the claims administrator's decision.

(United States Fifth Circuit) - Held that a professional basketball player was not entitled to compensation for his alleged lost earnings resulting from the Deepwater Horizon oil spill. A player for the New Orleans Hornets (now known as the New Orleans Pelicans) claimed that the spill indirectly impacted his earnings under a previously negotiated contract. On BP's appeal, the Fifth Circuit overturned the award approved by a settlement claims administrator.

(United States Fifth Circuit) - Held that a manufacturer was entitled to millions of dollars in compensation for losses attributable to the Deepwater Horizon oil spill. Upheld the decision of a settlement program administrator, which was challenged by oil company BP.

(United States Fifth Circuit) - Held that an Alabama-based manufacturer of commercial signs was entitled to compensation for losses attributable to the Deepwater Horizon oil spill. Upheld the decision of a settlement program administrator, which was challenged by oil company BP.

(United States Fifth Circuit) - Held that an electrical contractor was entitled to compensation for losses attributable to the Deepwater Horizon oil spill. Upheld the decision of a settlement program administrator, which was challenged by oil company BP.

(United States Fifth Circuit) - Held that a short-term vacation rental business was improperly denied compensation for losses attributable to BP's 2010 oil spill. The settlement program administrator, and the district court, misinterpreted the settlement agreement's definition of a failed business. Vacated and remanded.

(United States Ninth Circuit) - In this copyright and attorney fees case the 9th Circuit affirmed the Central District Court opinion awarding attorneys fees to defendants under 17 USC section 505. Plaintiff file suit claiming copyright infringement and breach of implied contract alleging that the film, Walk of Shame, was copied from a screenplay given to the defendants seven years before the film was released. The District Court found that there was no substantial similarity between the screen play and the film and dismissed the federal copyright claim with prejudice and dismissed the state law contract claim without prejudice. Defendants filed a motion for attorneys fees and costs which was granted. The 9th Circuit, finding no abuse of discretion affirmed the attorney fee award.

(United States Ninth Circuit) - Affirmed that a business owner contributorily infringed copyrighted photographs by displaying them on his website. However, remanded for further proceedings on whether the infringement was willful.

(United States Fifth Circuit) - In a case arising out of the 2010 Deepwater Horizon oil spill, held that a detrimentally impacted seafood business's monetary award under a court supervised settlement program was not properly calculated. Vacated and remanded.

(United States Fifth Circuit) - Affirmed that a nonprofit organization was entitled to compensation under a settlement program that oil company BP established following the Deepwater Horizon oil spill. Upheld the claims administrator's decision.

(United States Fifth Circuit) - Held that a professional basketball player was not entitled to compensation for his alleged lost earnings resulting from the Deepwater Horizon oil spill. A player for the New Orleans Hornets (now known as the New Orleans Pelicans) claimed that the spill indirectly impacted his earnings under a previously negotiated contract. On BP's appeal, the Fifth Circuit overturned the award approved by a settlement claims administrator.

(United States Fifth Circuit) - Held that a manufacturer was entitled to millions of dollars in compensation for losses attributable to the Deepwater Horizon oil spill. Upheld the decision of a settlement program administrator, which was challenged by oil company BP.

(United States Fifth Circuit) - Held that an Alabama-based manufacturer of commercial signs was entitled to compensation for losses attributable to the Deepwater Horizon oil spill. Upheld the decision of a settlement program administrator, which was challenged by oil company BP.

(United States Fifth Circuit) - Held that an electrical contractor was entitled to compensation for losses attributable to the Deepwater Horizon oil spill. Upheld the decision of a settlement program administrator, which was challenged by oil company BP.

(United States Fifth Circuit) - Held that a short-term vacation rental business was improperly denied compensation for losses attributable to BP's 2010 oil spill. The settlement program administrator, and the district court, misinterpreted the settlement agreement's definition of a failed business. Vacated and remanded.

(United States Federal Circuit) - In a trademark appeal of the Trademark Trial and Appeal Board's decision affirming the refusal to register the mark LOUISIANA FISH FRY PRODUCTS BRING THE TASTE OF LOUISIANA HOME! without a disclaimer of FISH FRY PRODUCTS, the Board's decision is affirmed where substantial evidence supports its finding that FISH FRY PRODUCTS has acquired distinctiveness.

(United States Federal Circuit) - Affirming in part and reversing in part the inter partes review decision of the US Patent and Trademark Office Patent Trial and Appeal Bard holding claims for methods of distributing nitric oxide gas cylinders for pharmaceutical applications used in treating respiratory failure as unpatentable as obvious because, while the Board didn't err as to most of the rulings, it did as to one.

To-do-lijstjes die groter worden in plaats van kleiner, deadlines die zich opstapelen en een bomvolle agenda met afspraken. Het kan frustrerend zijn als je na een lange werkdag niet alles afgerond hebt wat je graag af wilde hebben. Zeker in deze periode waarin thuiswerken de normaalste zaak ter wereld is en alles op afstand moet. […]

As the globe contends with the coronavirus pandemic, still looming large now more than ever is the threat posed by Communist China, which is something Rep. Robert Aderholt (R-AL) warns should not be taken lightly.

(United States Ninth Circuit) - Affirmed that a business owner contributorily infringed copyrighted photographs by displaying them on his website. However, remanded for further proceedings on whether the infringement was willful.

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New reviews have been added to our Reviews section. These are: AVG Anti-Virus + Firewall, AVG Anti-Malware and Kaspersky Anti-Virus. These reviews are not in depth reviews like the reviews done on the Internet Security products, they only give the user a basic overview of the differences between these products and the more comprehensive versions that's available.

(United States Third Circuit) - Held that a consumer who purchased baby powder without being informed that it increased the risk of ovarian cancer (as she alleged it did) had no standing to pursue claims for economic injury. The plaintiff argued that she and other consumers would not have purchased the baby powder in the first place had they been properly informed about its alleged risks. Emphasizing that she was asserting only economic harm, the Third Circuit affirmed dismissal of her class-action complaint, explaining that the product had functioned for her as expected.

(United States Supreme Court) - Held that a bankrupt company's rejection of a trademark licensing agreement did not deprive its licensee of the rights to use the trademark. The U.S. Supreme Court interpreted Section 365 of the Bankruptcy Code, which enables a debtor to reject any executory contract, meaning a contract that neither party has finished performing. Justice Kagan delivered the opinion of the 8-1 Court.

The Deal Covers All New Works From The Versatile Power Duo, Whose Successes Include The #1 ITunes Electronic Hit “Touch” By 3LAU Featuring Carly Paige.

(United States Seventh Circuit) - Affirmed the dismissal of antitrust claims brought against two manufacturers of a material called containerboard that is used to make boxes. Held that there was not enough evidence of a conspiracy to proceed to trial on the purchasers' claims under the Sherman Act that the companies conspired to increase prices and reduce output.

Soundfly Offers New Hip-hop Production Class Taught By Charles "Blvk Samurai" Burchell With Two Free Months Of Splice Samples Included.

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