ed Minorty Television Project, Inc. v. Federal Communications Comm'n By feeds.findlaw.com Published On :: 2012-04-12T08:00:00+00:00 (United States Ninth Circuit) - In a challenge to federal statutory restrictions on certain types of advertising by public broadcast TV stations, the district court's grant of summary judgment to the FCC is: 1) affirmed in part, where 47 U.S.C. section 399b(a)(1), restricting paid advertisements for goods and services on behalf of for-profit corporations, was not an unconstitutional speech restriction under the intermediate scrutiny standard; 2) reversed in part, where sections 399b(a)(2) and (3), restricting public-issue advertisements and political advertisements, were unconstitutional speech restrictions under intermediate scrutiny, as there was no evidence of harm to a substantial governmental interest. Full Article Administrative Law Commercial Law Communications Law Constitutional Law Entertainment Law Media Law Tax-exempt Organizations
ed The Real Truth About Abortion v. Federal Election Commission By feeds.findlaw.com Published On :: 2012-06-13T08:00:00+00:00 (United States Fourth Circuit) - In an action by a Virginia non-profit corporation organized under section 527 of the Internal Revenue Code to provide "accurate and truthful information about the public policy positions of Senator Barack Obama," contending that it was "chilled" from posting information about then-Senator Obama because of the vagueness of a Commission regulation, 11 C.F.R. section 100.22(b), and a Commission policy, published at 72 Fed. Reg. 5595 (Feb. 7, 2007), relating to whether plaintiff has to make disclosures or is a "political committee" (PAC), the District Court's judgment is affirmed where: 1) neither the regulation nor policy are unconstitutionally broad and vague in violation of the First and Fifth Amendments; and 2) it correctly applied the "exacting scrutiny" standard applicable to disclosure provisions. Full Article Constitutional Law Elections Government Law Tax-exempt Organizations
ed City of Spokane v. Federal National Mortgage Association By feeds.findlaw.com Published On :: 2014-12-30T08:00:00+00:00 (United States Ninth Circuit) - In this case, the district court's judgment in favor of defendants Federal National Mortgage Association and Federal Home Loan Mortgage Corporation, finding them statutorily exempt from state and local taxation of real property transfers and finding that Congress had the constitutional authority to exempt defendants from such taxation, is affirmed, where: 1) the transfer taxes at issue here are excise taxes, and the statutory carve-outs allowing for taxation of real property encompass only property taxes, not excise taxes; 2) because Congress had power under the Commerce Clause to regulate the secondary mortgage market, it had power under the Necessary and Proper Clause to ensure the preservation of defendant organizations by exempting them from state and local taxes; and 3) the exemptions do not violate the Tenth Amendment. Full Article Constitutional Law Tax-exempt Organizations
ed Friedman v. Live Nation Merchandise, Inc. By feeds.findlaw.com Published On :: 2016-08-18T08:00:00+00:00 (United States Ninth Circuit) - In a copyright action, arising from defendant's infringement of plaintiff's photos of the hip hop group Run-DMC for use on t-shirts and a calendar, the district court's grant of summary judgment to defendant Live Nation Merchandise is reversed where: 1) there is a triable issue of fact as to whether defendant's infringement was willful; and 2) plaintiff could prevail upon a showing that defendant knew that copyright management information had been removed from the photos. Full Article Copyright Entertainment Law Intellectual Property
ed Slep-Tone Entertainment Corp. v. Wired for Sound Karaoke and DJ Servs., LLC By feeds.findlaw.com Published On :: 2017-01-18T08:00:00+00:00 (United States Ninth Circuit) - In a suit for trademark infringement and unfair competition brought under the Lanham Act by a producer of karaoke music tracks, alleging that the defendants performed karaoke shows using unauthorized 'media-shifted' files that had been copied onto computer hard drives from the compact discs released by the plaintiff, the district court's dismissal is affirmed where plaintiff did not state a claim under the Lanham Act because there was no likelihood of consumer confusion about the origin of a good properly cognizable in a claim of trademark infringement. Full Article Intellectual Property Trademark Entertainment Law
ed Flo & Eddie, Inc. v. Sirius XM Radio, Inc. By feeds.findlaw.com Published On :: 2017-02-16T08:00:00+00:00 (United States Second Circuit) - In a copyright infringement suit brought by the company that owns the recordings of the Turtles, a well-known rock band with a string of hits in the 1960s, on behalf of itself and a class of owners of pre-1972 recordings against largest radio and internet-radio broadcaster in the U.S., the district court's denial of defendant's motions for summary judgment and reconsideration is reversed where, in response to questions certified to the New York Court of Appeals, New York common law does not recognize a right of public performance for creators of pre-1972 sound recordings. Full Article Copyright Cyberspace Law Communications Law Entertainment Law Class Actions Intellectual Property
ed American Federation of Musicians v. Paramount Pictures Corp. By feeds.findlaw.com Published On :: 2018-09-10T08:00:00+00:00 (United States Ninth Circuit) - Reinstated a lawsuit alleging that a movie studio breached its collective-bargaining agreement with musicians who score motion pictures. The musicians' labor union contended that the movie studio breached the labor agreement by having the film Same Kind of Different As Me scored in Slovakia, rather than hiring union musicians in the U.S. and Canada. Finding genuine disputes of material fact, the Ninth Circuit reversed the entry of summary judgment for the movie studio and remanded for further proceedings. Full Article Labor & Employment Law Entertainment Law
ed Skidmore v. Led Zeppelin By feeds.findlaw.com Published On :: 2018-09-28T08:00:00+00:00 (United States Ninth Circuit) - Granted a new trial in a copyright case involving a claim that Led Zeppelin copied key portions of its hit Stairway to Heaven from a song written by a musician named Randy Wolfe. Held that several jury instructions were erroneous and prejudicial, including the instructions on originality, and thus vacated the jury's verdict of no infringement. Full Article Entertainment Law Intellectual Property Copyright
ed National Association of African American-Owned Media v. Charter Communications, Inc. By feeds.findlaw.com Published On :: 2018-11-19T08:00:00+00:00 (United States Ninth Circuit) - Held that an African American-owned operator of television networks sufficiently pleaded a claim that a cable television operator refused to enter into a carriage contract based on racial bias, in violation of 42 U.S.C. section 1981. Also, the section 1981 claim was not barred by the First Amendment. On interlocutory appeal, affirmed denial of a motion to dismiss. Full Article Entertainment Law Media Law Civil Rights
ed Capitol Records, LLC v. ReDigi Inc. By feeds.findlaw.com Published On :: 2018-12-12T08:00:00+00:00 (United States Second Circuit) - Affirmed a finding of copyright infringement, in a lawsuit that involved copyrighted music recordings resold through an internet platform. The suit was brought by several record companies. Full Article Entertainment Law Intellectual Property Copyright
ed Guthrie Healthcare Systems v. ContextMedia, Inc. By feeds.findlaw.com Published On :: 2016-06-13T08:00:00+00:00 (United States Second Circuit) - In a trademark suit brought by a provider of healthcare services against a provider of digital health-related content, the District Court's injunction which prohibited defendant from using its marks within plaintiff’s geographic service area, but placed no restriction on defendant's use of its marks on the Internet or outside plaintiff's service area, is affirmed but remanded for expansion of the injunction's scope, where the current limitations placed on defendant were based on an incorrect standard and fail to give plaintiff and the public adequate protection from likely confusion. Full Article Trademark Remedies Intellectual Property
ed Oriental Financial Group v. Cooperativa de Ahorro y Credit By feeds.findlaw.com Published On :: 2016-08-03T08:00:00+00:00 (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. Full Article Intellectual Property Trademark
ed Cross Commerce Media, Inc. v. Collective, Inc. By feeds.findlaw.com Published On :: 2016-11-07T08:00:00+00:00 (United States Second Circuit) - In a trademark infringement dispute between software companies over several trademarks containing the word 'collective,' the District Court's granted summary judgment to Cross Commerce Media on virtually all points in dispute and awarded attorney's fees under the Lanham Act are reversed in part where: 1) the unregistered mark 'collective' is suggestive, not descriptive; 2) there is a genuine dispute of material fact as to whether CI used the unregistered mark 'collective' in commerce before CCM introduced its allegedly infringing marks; 3) the district court prematurely granted summary judgment as to CI's counterclaim for infringement of the registered marks, an action that neither party requested and the district court did not explain; and 4) there is a genuine dispute of material fact as to whether CI abandoned its registered marks 'Collective Network' and 'Collective Video.' Award of attorney fees is vacated. Full Article Intellectual Property Trademark Attorney's Fees
ed Slep-Tone Entertainment Corp. v. Wired for Sound Karaoke and DJ Servs., LLC By feeds.findlaw.com Published On :: 2017-01-18T08:00:00+00:00 (United States Ninth Circuit) - In a suit for trademark infringement and unfair competition brought under the Lanham Act by a producer of karaoke music tracks, alleging that the defendants performed karaoke shows using unauthorized 'media-shifted' files that had been copied onto computer hard drives from the compact discs released by the plaintiff, the district court's dismissal is affirmed where plaintiff did not state a claim under the Lanham Act because there was no likelihood of consumer confusion about the origin of a good properly cognizable in a claim of trademark infringement. Full Article Intellectual Property Trademark Entertainment Law
ed Excelled Sheepskin and Leather Coat Corp. v. Oregon Brewing Co. By feeds.findlaw.com Published On :: 2018-07-27T08:00:00+00:00 (United States Second Circuit) - Reversed summary judgment for an apparel company in its trademark infringement action. A company that sold leather jackets branded ROGUE contended that a commercial brewery that sold ROGUE-branded beer had infringed its trademark by using the name on t‐shirts and hats. The Second Circuit held that the apparel company was not entitled to summary judgment, because the brewery was the senior user and the evidence did not show that it was precluded by laches. Full Article Trademark Intellectual Property
ed Springboards to Education, Inc. v. Houston Independent School District By feeds.findlaw.com Published On :: 2019-01-08T08:00:00+00:00 (United States Fifth Circuit) - Held that an education services company could not proceed with its Lanham Act lawsuit against a school district for using its marks in the course of operating a summer reading program. Affirmed summary judgment for the school district, finding that the allegedly infringing marks created no likelihood of confusion as a matter of law. Full Article Trademark Intellectual Property Education Law
ed Applied Underwriters, Inc. v. Lichtenegger By feeds.findlaw.com Published On :: 2019-01-15T08:00:00+00:00 (United States Ninth Circuit) - Affirmed the dismissal of a trademark infringement lawsuit brought by a financial services company, holding that the use of its trademarks by a publishing company constituted nominative fair use. Full Article Media Law Trademark Intellectual Property
ed Box v. Planned Parenthood of Indiana and Kentucky, Inc. By feeds.findlaw.com Published On :: 2019-05-28T08:00:00+00:00 (United States Supreme Court) - Upheld an Indiana law relating to the disposition of fetal remains by abortion providers. The Seventh Circuit had struck down the law, which altered the manner in which abortion providers may dispose of fetal remains; for instance, the law prevents incineration of fetal remains along with surgical byproducts. The U.S. Supreme Court concluded in a per curiam decision that the law passes rational basis review. Only two justices dissented. Full Article Health Law Constitutional Law
ed Food Marketing Institute v Argus Leader Media By feeds.findlaw.com Published On :: 2019-06-24T08:00:00+00:00 (United States Supreme Court) - Reversed and remanded. Defendants sought disclosure, through a FOIA request, of names and addresses of retail stores who participated in the national food stamp program. Plaintiff refused to provide that information stating that substantive competitive harm would be caused. The district court disagreed with plaintiff and ordered disclosure. The US Supreme Court reversed and held that data provided under an assurance of privacy was an exemption to a FOIA request. Full Article Sentencing Constitutional Law
ed US v. Botello-Zepeda By feeds.findlaw.com Published On :: 2019-08-06T08:00:00+00:00 (United States Fifth Circuit) - Affirmed. A sentence imposed on a man for illegal reentry to the US was affirmed. An upward variance at sentencing that considered the facts of an unrelated case and his need for treatment for alcoholism was not in error. Full Article Immigration Law Sentencing Criminal Law & Procedure Immigration Law Sentencing Criminal Law & Procedure
ed US v. Pedroza-Rocha By feeds.findlaw.com Published On :: 2019-08-08T08:00:00+00:00 (United States Fifth Circuit) - Reversed and remanded. The dismissal of an indictment for illegal entry following removal was reversed because while the appeal was pending the court issued an opinion in an analogous case foreclosing the defendant's arguments. Full Article Immigration Law Criminal Law & Procedure
ed Build a CRM/Sales System (WEB BASED) | PHP | Website Design | HTML | MySQL | Software Architecture | Freelancer By www.freelancer.com Published On :: 2020-05-09T11:09:22+00:00 #architektura #architekt #dom #design Full Article
ed Ca’Longa – la vecchia Milano in Piero della Francesca | Milano da Vedere By www.milanodavedere.it Published On :: 2020-05-09T11:09:27+00:00 Full Article
ed Get a free mug to give back from the EDbyEllen.com Thank You Shop ???? – Anne Pinney By kristinpinney.wordpress.com Published On :: 2020-05-09T11:09:31+00:00 #architektura #architekt #dom #design Full Article
ed Need help planning my career?! : urbanplanning By www.reddit.com Published On :: 2020-05-09T11:09:34+00:00 #architektura #architekt #dom #design Full Article
ed App for menu in augmented reality | PHP | HTML | Σχεδιασμός Ιστοσελίδας | Αρχιτεκτονική Λογισμικού | Σχεδιασμός Γραφικών | Freelancer By www.freelancer.gr Published On :: 2020-05-09T11:09:36+00:00 #architektura #architekt #dom #design Full Article
ed Ousted POTUS administration scientist teared up while ripping the slow coronavirus response: "We could've done something and we didn't" : Coronavirus By reddit.com Published On :: 2020-05-09T11:10:05+00:00 r/Coronavirus: In December 2019, a novel coronavirus strain (SARS-CoV-2) emerged in the city of Wuhan, China. This subreddit seeks to monitor the … Full Article
ed Microwave News | Unified Theory of Magnetic Field Action By microwavenews.com Published On :: 2020-05-09T11:11:17+00:00 Full Article
ed What You Need to Know About Adoption Consultants | Shelley Skuster By shelleyskuster.com Published On :: 2020-05-09T11:11:45+00:00 Full Article
ed Program Integrity Questions and Answers - Credit Hour By www2.ed.gov Published On :: 2020-05-09T11:12:54+00:00 This page provides answers to frequently asked questions about Program Integrity issues for the second round of the 2009 negotiated rulemaking activities for higher education. This page provides information on credit hours. Full Article
ed Scenario planning as strategic activity: A practice‐orientated approach - Bowman - - FUTURES & FORESIGHT SCIENCE - Wiley Online Library By onlinelibrary.wiley.com Published On :: 2020-05-09T11:14:45+00:00 Feb 2020 article "...Wright, Bradfield, & Cairns (2013) noted a methodological separation of the intuitive logics approach popularized by Royal Dutch Shell (Wack, 1985a, 1985b) from firm‐level strategy concepts like business models (Zott, Amit, & Massa, 2011), competitive positioning (Porter, 1985), and resource capabilities (Barney, 1991)... The weakening of the connection, related to both the use of scenario planning and the research into it, is the historical connection to strategy process research." Full Article
ed Untitled (https://www.youtube.com/watch?v=OkLtLDErmIc&feature=youtu.be) By www.youtube.com Published On :: 2020-05-09T11:14:58+00:00 결혼식날 처음이자 마지막으로 날 울렸던 울 엄마의 편지 대공개 ㅜㅜ 눈물은 주워담을 수가 없었기에...☆ Full Article
ed Wilfredo Colon, et al., Appellants, v. Willie Martin, Jr., et al., Respondents. By feeds.findlaw.com Published On :: -May 7, 2020-T08:00:00+00:00 (NY Court of Appeals) - No. 26 Full Article
ed (500) https://www.washingtonpost.com/opinions/2020/05/06/george-conway-trump-lashed-out-me-twitter-its-because-he-knows-truth/ By www.washingtonpost.com Published On :: 2020-05-09T05:47:01+00:00 Behind every Trump attack is self-revelation. Every counterpunch is a self-punch. @gtconway3d: “Because he fears being revealed as a fake or deranged, he’ll call others fake or deranged. Because he fears losing, he’ll call them losers instead.” Full Article
ed Deno 1.0: What you need to know - LogRocket Blog By blog.logrocket.com Published On :: 2020-05-09T05:47:01+00:00 Unofficially billed as "the sequel to Node.js," Deno is poised to be the most exciting and controversial JavaScript-related release in recent memory. Full Article
ed AP Exclusive: Docs show top WH officials buried CDC report By apnews.com Published On :: 2020-05-09T05:47:01+00:00 GAINESVILLE, Fla. (AP) — The decision to shelve detailed advice from the nation’s top disease control experts for reopening communities during the coronavirus pandemic came from the highest levels of the White House, according to internal government emails obtained by The Associated Press. Full Article
ed Speed up your Mac via hidden prefs | The Robservatory By robservatory.com Published On :: 2020-05-09T05:47:01+00:00 Full Article
ed What If They Reopened the Country, and No One Came? - The Atlantic By www.theatlantic.com Published On :: 2020-05-09T05:47:01+00:00 The complaint that Washington is out of step with Main Street has been circulating for roughly as long as each metonym has been in use. But it’s seldom, if ever, been more true than at this moment in the coronavirus pandemic. Full Article
ed Bayesian Data Analysis, 3rd Edition [pdf] By users.aalto.fi Published On :: 2020-05-09T05:47:01+00:00 https://news.ycombinator.com/item?id=23091359 Full Article
ed Untitled (https://medium.com/@dannysheridan) By medium.com Published On :: 2020-05-09T05:47:01+00:00 I absolutely *love* these Amazon Writing Style Tips (found via Google & ) Have any other companies offered a glimpse into their in-house style? Full Article
ed PhD Meme Diary on Instagram: “Fun fact: this happened after working on something for 6 months ???? . . . . .…” By www.instagram.com Published On :: 2020-05-09T05:47:01+00:00 I can’t stop laughing at this. Full Article
ed How Boris Johnson refused to fight the virus By appeasement.org Published On :: 2020-05-09T05:47:01+00:00 Blimey. They didn’t hold back on this. —Read, if for no other reason than the incredibly detailed timeline of #coronavirus. Full Article
ed Untitled (https://www.propublica.org/article/how-profit-and-incompetence-delayed-n95-masks-while-people-died-at-the-va) By www.propublica.org Published On :: 2020-05-09T05:47:01+00:00 If this lede doesn't get you, I don't know what will. @davidmcswane's latest: Full Article
ed Untitled (https://www.nytimes.com/2020/05/07/nyregion/nypd-social-distancing-race-coronavirus.html) By www.nytimes.com Published On :: 2020-05-09T05:47:01+00:00 Democrat and former presidential candidate Mayor Bill de Blasio "said the police had used enforcement authority properly," @nytimes reports: Full Article
ed Untitled (https://www.nytimes.com/2020/05/05/opinion/coronavirus-nyc-subway.html) By www.nytimes.com Published On :: 2020-05-09T05:47:01+00:00 NYC subway conductor returning to work after recovering from COVID: “The conditions created by the pandemic drive home that essential workers keep social order from sinking into chaos. Yet we‘re treated with the utmost disrespect, like we’re expendable.” Full Article
ed New Banksy art unveiled at hospital to thank doctors, nurses By apnews.com Published On :: 2020-05-09T05:47:01+00:00 Full Article
ed How Apple reinvented the cursor for iPad – TechCrunch By social.techcrunch.com Published On :: 2020-05-09T05:47:01+00:00 Full Article
ed Travel From New York City Seeded Wave of U.S. Outbreaks - The New York Times By www.nytimes.com Published On :: 2020-05-09T05:47:01+00:00 via Health News - The New York Times https://nyti.ms/2WLL65m Full Article
ed 'What are we doing this for?': Doctors are fed up with conspiracies ravaging ERs By www.nbcnews.com Published On :: 2020-05-09T05:47:01+00:00 "I left work and I felt so deflated," one doctor said about an effort to counter misinformation he saw on Facebook. "I let it get to me."Breaking News EmailsGet breaking news alerts and special reports. The news and stories that matter, delivered weekday mornings. Full Article
ed Untitled (https://www.nytimes.com/2020/05/06/business/coronavirus-white-house-economists.html) By www.nytimes.com Published On :: 2020-05-09T05:47:01+00:00 So @jimtankersley talked to Kevin Hassett about the whole "cubic model" mess, and long story short, I'm pretty sure Hassett owes @NateSilver538 $538. Full Article