Alibaba successfully dismisses Gucci’s claim that Alibaba participated in a conspiracy with counterfeiters to sell counterfeit goods on Alibaba. That the merchants may have resulted in an ‘online retail cluster’ that benefited each other from some sort of network effect, did not rise to a ‘hub and spokes’ RICO conspiracy.
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Wilson v Perrell: Memo of law in support of motion to dismiss copyright ownership claim. The statute of limitations for copyright infringement is rolling; the statute of limitations for a dispute over copyright ownership is three years.
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Press agency Zuma alleges that photo stock company Getty Images ‘carelessly’ licenses 47k photos that belong to Zuma.
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914INC., Westchester’s business magazine, saluted Leason Ellis for general excellence as a small business. Pictured below are Mel Garner (the go-to grey hair around here), Dr. Susie Cheng, one of the scary smart people here who do pharma and biologics patents, Karin Segall, with whom I have intense conversations about coexistence agreements and the
Plaintiff may bring Rico and Fraud claims. Trump seems to need to thread a needle. He has to argue that he is insufficiently involved with Trump University to avoid RICO liability but sufficiently involved to support the claims in the marketing materials (i.e. ‘handpicked instructors’).
What do people understand ‘University’ to mean when enrolling in
There are two Del Montes, Del Monte Foods and Fresh Del Monte Produce. (some background here and here) I tend to use the DEL MONTE trademark as a cautionary tale in drafting coexistence agreements. To oversimplify: there was an agreement to split use of the DELMONTE trademark by the two companies between fresh produce
Here goes. Stephen Colbert, when he was on The Daily Show on Comedy Central, performed under the name STEPHEN COLBERT but he played a character that satirized TV reporters. Colbert described the character as a “well-intentioned, poorly informed, high-status idiot.” Colbert went on to host THE COLBERT REPORT playing a similar character to the
Original registrant enters into coexistence agreement with third party, undertaking not to protest certain uses of CRAZY HORSE trademark. Plaintiff enters into contract with third party assigned to it. Original registrant assigns rights to Defendant. Defendant protests Plaintiff’s use.
Held: Coexistence agreement and assignment to Plaintiff held enforceable. Defendant is barred from protesting Plaintiff’s use.
From 43(b)log: Arguing that conceptual separability is simply a coda to physical separability, dealing with situations in which physical separation couldn’t be accomplished without destroying the useful article–regardless, there must be something other than the design of the article itself that can be identified as a protectable work. The existence of design patent also
The IRS is seeking a court order to obtain documents from Facebook in connection with Facebook’s 2010 taxes. Facebook transferred certain rights in IP to a related company in Ireland. The standard for such transfers is discussed in paragraph 20 of the declaration below.
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