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False Patent Marking as False Advertising: Overcoming Dastar

Patently O

” crocs opening brief crocs amicus INTA crocs response crocs reply The Lanham Act allows for a civil action for false advertising. The briefs also discuss, to a limited extend, patent law’s false marking statute, 35 U.S.C. § 1125(a)(1)(B) (Section 43 of the Lanham Act). .” See Zenith Elecs. Exzec, Inc. ,

Statute 113
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I See Dead People…Filing Lawsuits In New York

The IP Law Blog

New York’s post mortem right-of-publicity statute recently came into effect. Because the statute addressed privacy concerns that dissipated at death, such rights did not extend post mortem. News, public affairs, and sports programs are also exempt from the statute. written consent” can sue for an injunction and damages.

Statute 85
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Federal Circuit Approves of Order to Drop Patents from the Lawsuit to Facilitate Case Management

Patently O

In re Midwest Athletics and Sports Alliance LLC ( Fed. The defendant agreed that the eliminated patents would be dismissed without prejudice and that any applicable statute of limitations would be tolled — allowing later refiling of those claims. by Dennis Crouch. ” MASA petition. ” = = = =.

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Has the Battle Just Begun for Collective Action against Big Tech Companies?

Conflict of Laws

For privacy infringement, previous actions had been brought under the cause of action of breach of confidence [11] , which is a claim in equity and, thus it was unclear whether for such actions jurisdiction lies at the place of where the damage occurs. 13] The Consumers Association v JJB Sports Plc [2009] CAT 2. [14]

Tort 75
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Spooky Torts: The 2022 List of Litigation Horrors

JonathanTurley

See Pennsylvania General Assembly Statute §7102. OUTCOME: Reversed dismissal on the basis of tolling of statute of limitations. He entered through the front door and walked toward the sporting goods department. The retailer filed a motion for partial summary judgment as to plaintiffs’ cause of action for failure to warn.

Tort 36
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Spooky Torts: The 2021 List of Litigation Horrors

JonathanTurley

See Pennsylvania General Assembly Statute §7102. OUTCOME: Reversed dismissal on the basis of tolling of statute of limitations. He entered through the front door and walked toward the sporting goods department. The retailer filed a motion for partial summary judgment as to plaintiffs’ cause of action for failure to warn.

Tort 36
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Spooky Torts: The 2023 List of Litigation Horrors

JonathanTurley

See Pennsylvania General Assembly Statute §7102. OUTCOME: Reversed dismissal on the basis of tolling of statute of limitations. He entered through the front door and walked toward the sporting goods department. The retailer filed a motion for partial summary judgment as to plaintiffs’ cause of action for failure to warn.

Tort 45