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Excelled Sheepskin and Leather Coat Corp. v. Oregon Brewing Co.

(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.




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Advantek Marketing, Inc. v. Shanghai Walk-Long Tools Co., Ltd.

(United States Federal Circuit) - Reinstated a patent infringement claim relating to a design for a portable animal kennel. The patent owner insisted it should not be estopped by prosecution history from asserting its infringement claim against a competitor. Agreeing that estoppel did not apply, the Federal Circuit reversed the district court's judgment on the pleadings and remanded for further proceedings.




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JTEKT Corp. v. GKN Automotive Ltd.

(United States Federal Circuit) - Dismissed an appeal from an inter partes review decision on grounds that the patent challenger lacked Article III standing. The challenger asserted that the patentee's claims for a motor vehicle drivetrain were invalid. On appeal, the Federal Circuit held that the challenger lacked standing because it had not established an actual injury; in particular, it had no product on the market or any concrete plans for future activity that would likely cause the patentee to complain of infringement.




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Tanksley v. Daniels

(United States Third Circuit) - Affirmed the dismissal of a TV producer's complaint alleging that the popular Fox Television series Empire infringed his copyright in a television pilot he had created a decade earlier. Moving to dismiss, the defendants contended that there was no substantial similarity between the two television shows. Agreeing, the Third Circuit affirmed the dismissal of the complaint.




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ParkerVision, Inc. v. Qualcomm Inc.

(United States Federal Circuit) - Affirmed that some, but not all, claims in a telecommunications patent were unpatentable as obvious. Finding no error, the Federal Circuit affirmed the determinations made in an review.




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Skidmore v. Led Zeppelin

(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.




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The Estate of Stanley Kauffmann v. Rochester Institute of Technology

(United States Second Circuit) - Reversed and remanded. The court concluded the 44 articles at issue were not works made for hire under the Copyright Act of 1976. District Court’s summary judgement in favor of RIT and denying the motion for partial summary judgement by the Estate reversed. Remanded for further proceedings.




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Ticats dump Eskimos in East final, earn 1st Grey Cup berth since 2014




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2019 CFL Awards: Banks takes MOP, Jefferson named top defender




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Banks out for remainder of Grey Cup with lower-body injury




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Eskimos fire head coach Jason Maas after 4 seasons




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Redblacks name LaPolice new head coach




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Eskimos hire Milanovich as next HC




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Stampeders trade Arbuckle to Redblacks




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Redblacks sign Nick Arbuckle




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Cardinals sign ex-CFL quarterback Streveler




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CFL asks government for $150M in financial assistance amid shutdown




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Lions trade up, take ECU's Williams with No. 1 pick in CFL draft




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CFL commissioner: 'Our most likely scenario is no season'




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Late strikes let Lions roar

RYDALMERE Lions scored two goals in injury time to seal a dramatic 4-1 win against Hills Brumbies in the NSW NPL3 grand final on Sunday.




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Parramatta want Clarke’s scalp

MICHAEL Clarke will be targeted by Parramatta’s bowling attack when the former Australian cricket captain plays at Old Kings Oval on Saturday.




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Top basketball talent aims for big leagues

THE dream of playing against the world’s best basketballers in the NBA fuels Jason Khattar’s passion for basketball.




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Rising star keeps eye on the ball

PROMISING cricketer Arjun Nair admits he hears the hype about his cricket, but he just wants his actions to do the talking.




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Rizwan’s contribution to Australian cricket

FROM being unwanted by Australia due to visa issues, Ali Rizwan is now a much wanted member for the Sydney Thunder Nation Cup All-Stars and is even invited to bowl to international teams at net practices.




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Darcy Lussick recalls ‘crazy night’

“THAT was a crazy night and I don’t think we are ever going to see anything like that again,” said Sea Eagles prop Darcy Lussick.




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Seaforth Raiders Kings of the Hill

THE future of rugby at Manly looks bright judging by the performances of the mighty Seaforth Raiders under nines.




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Neve eager to get back on board in race for the title

DAYYAN Neve will look to repeat the dose when he competes in the fourth event of the Bacardi Surf Tour this Sunday at Dee Why Beach.




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Rise of cricket for girls delights

THE success of the women’s T20 Big Bash League last summer has seen participation numbers skyrocket among female­ junior players on the northern beaches.




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Pressure on Manly fast bowlers to strike

MANLY skipper Adam Crosthwaite expects his quicks to fire on Saturday should his team field first in their two-day clash versus Sydney.




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Manly United switch kick-off times for fans

MANLY United FC will host fixtures next season on Saturday nights and Sunday afternoons in a bid to attract bigger crowds.




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Tokyo Olympics rescheduled for July 23-Aug. 8 of 2021




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Kyrgios offers to deliver food to those in need




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Kyrgios reveals tattoo tributes to Kobe, LeBron




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Trump seeking major sports leaders' advice on ending lockdown




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Djokovic, Federer, Nadal propose relief fund for lower-ranked players




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Djokovic opposes idea of mandatory vaccination once play resumes




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Joke about Nadal injury creates confusion during virtual tourney




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COOK MARTIN POULSON PC v. SMITH

(UT Court of Appeals) - No. 20180488-CA




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Kifle-Thompson v. State Board of Chiropractic Examiners

(California Court of Appeal) - The denial of a petition for writ of administrative mandate to review the decision of the State Board of Chiropractic Examiners (Board) revoking petitioner's chiropractic license, is affirmed as the Board's findings are supported by substantial evidence and petitioner's other claims of error are meritless.




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In the Matter of Raghubir K. Gupta

(Court of Appeals of New York) - The appeal is dismissed upon the ground that the issues presented have become moot because the attorney was automatically disbarred upon his conviction of a felony on March 14, 2014.



  • Ethics & Disciplinary Code
  • Ethics & Professional Responsibility

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In re Tustaniwsky

(United States Second Circuit) - The Court's Committee on Admissions and Grievances' findings of fact and recommendations are adopted, with certain exceptions and attorney Tustaniwsky is publicly reprimanded and suspended from practice before this Court for one year.



  • Ethics & Disciplinary Code
  • Ethics & Professional Responsibility

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Barkes v. First Corr Med Inc

(United States Third Circuit) - In this appeal considering whether defendant-prison-administrators are entitled to qualified immunity for an inmate's suicide, the district court's order denying summary judgment in favor of the plaintiffs is affirmed, where defendants are not entitled to qualified immunity from an Eighth Amendment claim that serious deficiencies in the provision of medical care by a private, third-party provider led to the inmate's suicide.




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Wrocklage v. DHS

(United States Federal Circuit) - Removal of petitioner Wrocklage from his position as Customs and Border Protection Officer at defendant Department of Homeland Security (DHS) is vacated and remanded, where the charges of unauthorized disclosure and lack of candor are not supported by substantial evidence.




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Lisker v. Monsue

(United States Ninth Circuit) - Plaintiff was convicted of second-degree murder, served over twenty-six years in custody, and was released in 2009 after a federal judge determined that falsified evidence had been introduced at trial and conditionally granted a writ of habeas corpus. The state then dismissed the charges against plaintiff, who subsequently filed this action against defendants, two police detectives, who plaintiff alleges fabricated police reports, investigative notes, and photographs of the crime scene during their homicide investigation. The district court's order denying absolute witness immunity to defendants is affirmed, where: 1) defendants' notes, investigative reports, and photographs of the crime scene were analogous to the sorts of documentary and physical evidence that fall outside the protection of absolute immunity; 2) policy interests behind absolute immunity for testimony do not apply to the investigative materials in this case; and 3) defendants plainly acted in an investigative capacity in producing the notes, reports, and crime-scene photographs, and qualified immunity provided sufficient protection for these activities.




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McKenna v. Curtin

(United States First Circuit) - Affirming a district court dismissal of claims by an attorney suspended from the practice of law for a year in a suit against a host of judicial officers and administrators who participated in his disciplinary proceedings seeking the reinstatement of his license and money damages on the basis of alleged First, Seventh, and Fourteenth Amendment violations, but the Rooker-Feldman doctrine applies where a state court loser files in federal court and bars such actions.




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Bimbo Bakeries USA, Inc. v. Botticella

(United States Third Circuit) - In plaintiff's suit for preliminary injunctive relief against its former vice president of operations, following defendant's acceptance of a senior executive position with plaintiff's competitor, Hostess Brands, seeking to protect its trade secrets involving plaintiff's popular line of Thomas' English Muffins, of which defendant was one of only seven people who possessed all of the knowledge necessary to replicate the muffins, district court's grant of plaintiff's motion for preliminary injunction is affirmed where: 1) the district court had discretion to enjoin defendant from working at Hostess to the extent this proposed employment threatened to lead to the misappropriation of trade secrets; 2) district court did not abuse its discretion by determining that plaintiff demonstrated a likelihood of success on its misappropriation of trade secrets claim; 3) district court did not abuse its discretion when, faced with evidence of defendant's suspicious conduct during his final weeks at plaintiff, it determined that a stronger remedy was needed in the interim to protect plaintiff from imminent irreparable harm; 4) district court was correct in concluding that the harm of plaintiff's trade secrets being disclosed to Hostess outweighed the harm to defendant of not being able to commence employment at Hostess until the court made a final determination of the merits following a trial; and 5) district court was correct in concluding that the public interest in preventing the misappropriation of plaintiff's trade secrets outweighs the temporary restriction of defendant's choice of employment.




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Watkins v. US Bureau of Customs and Border

(United States Ninth Circuit) - In a Freedom of Information Act, 5 U.S.C. section 552, dispute arising from requests for Notices of Seizure of Infringing Merchandise pursuant to 19 C.F.R. section 133.21(c), judgment of the district court is affirmed in part and vacated in part where court properly held that plaintiff's requests fall within Exemption 4 but erred in finding that 19 C.F.R. section 103 fees had been invalidated.




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Accent Packaging, Inc. v. Legget & Platt, Inc.

(United States Federal Circuit) - Summary judgment for defendant on patent infringement claims involving a wire tier device that is used to bale recyclables or solid waste is: 1) reversed in part and remanded with respect to claims 1-4 of the ’877 patent, where the district court erred in it construction of the terms "each" and "a respective one"; but 2) affirmed on claim 5 of the ’877 patent and all of the asserted claims of the ’992 patent; and 3) affirmed on the denial of plaintiff's motion for additional discovery pursuant to and the dismissal of plaintiff's Missouri Uniform Trade Secrets Act cause of action.




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Khavarian Enterprises v. Commline

(California Court of Appeal) - Trial court's orders denying plaintiff's motion for attorney fees and costs and granting the motion to strike its cost memorandum in favor of defendants are reversed and remanded, where parties to a settlement agreement can validly specify that one party is potentially a prevailing party and reserve for later determination by the trial court whether that party did prevail, as well as other factual matters involved in making an award of statutory attorney fees.




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University of Utah v. Max-Planck-Gesellschaft

(United States Federal Circuit) - In suit to correct inventorship of the "Tuschl Patents," the district court's denial of defendants' motion to dismiss is affirmed, where: 1) the district court did not err in ruling that this is not a dispute between States falling within the exclusive original jurisdiction of the Supreme Court; 2) plaintiff was free to choose between filing this suit in the Supreme Court and filing in federal district court; and 3) the University of Massachusetts is not an indispensable party.