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Professional Commentary
30 Jun 2015
by Adam Al-Sarraf of US Department of Commerce

JURIST Guest Columnist Adam Al-Sarraf, International Program Specialist at the United States Department of Commerce, discusses Iraq's new commercial court... Disclaimer: The views expressed in this article are those of the author and do not necessarily represent the views of, and should not be attributed to, the US Department of … [read more]


Legal News
25 Mar 2015
by Bradley McAllister

[JURIST] The US Supreme Court on Tuesday held [opinion, PDF] in a 7-2 decision that a ruling from the Trademark Trial and Appeal Board (TTAB) [official website] may be sufficient to establish issue preclusion in a patent dispute. The case of B&B Hardware, Inc. v. Hargis Industries, Inc. [SCOTUSblog docket] … [read more]


Legal News
21 Jan 2015
by Taylor Gillan

[JURIST] The Supreme Court ruled [opinion, PDF] unanimously Wednesday in Hana Financial, Inc. v. Hana Bank et. al. [SCOTUSblog materials] that whether two trademarks may be tacked together for purposes of determining priority is a question for the jury, not the court. The court stated that arguments made by petitioner … [read more]


Legal News
4 Dec 2014
by Bradley McAllister

[JURIST] The US Supreme Court [official website] heard oral arguments Wednesday in two cases. In Young v. United Parcel Service [transcript, PDF] the justices considered whether the Pregnancy Discrimination Act [EEOC backgrounder] requires an employer that provides work accommodations to non-pregnant employees with work limitations to provide work accommodations to … [read more]


Legal News
2 Dec 2014
by Jaclyn Belczyk

The US Supreme Court [official website] heard oral arguments Tuesday in two cases. In B&B Hardware, Inc. v. Hargis Industries, Inc. [transcript, PDF; JURIST report] the court heard arguments on (1) whether the Trademark Trial and Appeal Board's (TTAB) [official website] finding of a likelihood of confusion precludes Hargis from … [read more]


Legal News
3 Sep 2014
by William Helbling

[JURIST] A judge for the US District Court for the Northern District of California [official website] on Tuesday approved [judgment, PDF] a settlement between federal antitrust authorities and eBay [corporate website] over allegations that eBay agreed to not to poach employees from rival companies. Judge Edward Davila presided over the … [read more]


Legal News
15 Aug 2014
by Bradley McAllister

[JURIST] The Washington Redskins of the National Football League (NFL) [official websites] filed an appeal in federal court on Thursday to challenge a June ruling [text, PDF] by the Trademark Trial and Appeals Board of the US Patent and Trademark Office [official websites] that found the team name "Redskins" is … [read more]


Legal News
1 Jul 2014
by Jaclyn Belczyk

[JURIST] The US Supreme Court [official website] granted certiorari in eight cases Tuesday. In Young v. United Parcel Service [docket; cert. petition, PDF] the court will consider whether, and in what circumstances, an employer that provides work accommodations to non-pregnant employees with work limitations must provide work accommodations to pregnant … [read more]


Legal News
23 Jun 2014
by Jaclyn Belczyk

[JURIST] The US Supreme Court [official website] on Monday granted certiorari [order list, PDF] in three cases for next term. In Department of Transportation v. Association of American Railroads [docket; cert. petition, PDF] the court will determine whether §207 of the Passenger Rail Investment and Improvement Act (PRIIA) [text] "effects … [read more]


Legal News
19 Jun 2014
by Nicholas Tomsho

[JURIST] The US Patent and Trademark Office [official website] on Wednesday announced [text, PDF] that it will cancel six trademark registrations belonging to National Football League team the Washington Redskins [official website]. Administrative trademark judge Karen Kuhlke found that the trademarks, which include the team's name, logo and the name … [read more]


Professional Commentary
30 May 2014
by Bruce H. Schneider of Stroock & Stroock & Lavan LLP

JURIST Guest Columnist Bruce Schneider of Stroock & Stroock & Lavan LLP. discusses the First Amendment and the "extended use" of public schools ... The Framers saw the two religious freedoms secured by the First Amendment as being in harmony: the prohibition against a government-established church was what enabled religious … [read more]


Legal News
2 May 2014
by Dominic Yobbi

[JURIST] The US Department of Justice (DOJ) [official website] on Thursday announced a settlement with eBay in a lawsuit accusing the company of making deals with Intuit [corporate websites] not to recruit each others' employees. The deal between the two parties bars the company from engaging in any type of … [read more]


Academic Commentary
13 Feb 2014

JURIST Guest Columnist Steven Baicker-McKee of the Duquesne University School of Law notes that the Supreme Court unanimously overturned the US Court of Appeals for the Federal Circuit in ruling that a declaratory judgment action does not affect the court's jurisdiction or shift the parties' burden of proof ... In … [read more]


Legal News
10 Jul 2013
by Laura Klein Mullen

[JURIST] A lawsuit between Apple and Amazon [corporate websites] concerning the rights to use the term "app store" was dismissed Tuesday at the request of both companies. The decision to end the case leaves the path open for both companies to use the name freely, and was reached after Apple … [read more]


Legal News
11 May 2013
by Julie Deisher-Edwards

[JURIST] The US Court of Appeals for the Federal Circuit [official website] on Friday ruled [opinion, PDF] per curiam that an abstract idea is not patentable simply because it is tied to a computer system. Analysts say the ruling could have severe implications [IDG News report] on software and business … [read more]


Legal News
27 Feb 2013
by Julia Zebley

[JURIST] The US Supreme Court [official website] ruled [opinion, PDF] 7-2 Tuesday in Marx v. General Revenue Corp. [JURIST report] that Federal Rule of Civil Procedure 54(d)(1) allows fees to be awarded in Fair Debt Collection Practices Act (FDCPA) [PDF; 15 USC § 1692k(a)(3) text] even if the suit was … [read more]


Legal News
23 Jan 2013
by Michael Haggerson

[JURIST] The US Court of Appeals for the Federal Circuit [official website] on Tuesday reversed [opinion, PDF] a $2.5 million judgment against Newegg [corporate website] in what could be a significant software patent ruling. The US District Court for the Eastern District of Texas [official website] had ruled that Newegg … [read more]


Legal News
9 Jan 2013
by Brandon Gatto

[JURIST] The US Supreme Court [official website] ruled [opinion, PDF] Wednesday in Already, LLC v. Nike, Inc. that Nike's covenant not to enforce a trademark against Already's existing products and any future "colorable imitations" moots Already's action to have the trademark declared invalid. In this case, the court considered whether … [read more]


Legal News
2 Jan 2013
by Daniel Mullen

[JURIST] A judge for the US District Court for the Northern District of California [official website] on Wednesday dismissed a false advertising claim by Apple against Amazon [corporate websites] over the use of the term "APP STORE" for the Android device software. While Apple claims that Amazon misused [Reuters report] … [read more]


Legal News
19 Nov 2012
by Benjamin Minegar

[JURIST] The US Department of Justice (DOJ) [official website] on Friday filed a civil antitrust lawsuit [complaint] in the US District Court for the Northern District of California [official website] against online auction company eBay [corporate website] alleging violations of antitrust law occurring from 2006 to 2009. The complaint avers … [read more]

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