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February 08, 2002 |

"Initial Interest Confusion" Factors Into Infringement Analysis

Liability for trademark infringement hinges upon whether a likelihood of confusion exists between the parties` marks. The court must consider whether a likelihood of confusion exists in the minds of potential consumers of ordinary intelligence as to the source, affiliation or sponsorship of the goods or services provided. The focus of the court`s confusion analysis is not on the businesses that own the marks, but on the consumers who encounter the marks in the marketplace and how those marks are perceived.
6 minute read
March 11, 2002 |

McBride's Long Ride

The long journey of Bill McBride, former managing partner of Holland & Knight and currently a Democratic candidate for Florida governor.
12 minute read
October 12, 2009 |

Stay E-Discovery Pending Motions to Dismiss

Attorneys Michael H. Gruenglas, Robert A. Fumerton and Patrick G. Rideout argue that all e-discovery be stayed during the pendency of any motion to dismiss unless the plaintiff agrees to reimburse the defendant for all e-discovery costs if the defendant's motion to dismiss is granted.
13 minute read
Andrea Weinstein, Plaintiff v. eBay, Inc., Stubhub, Inc., New York Yankees Partnership, and John Doe, Defendants, 10 Civ. 8310 (JFK)
Publication Date: 2011-07-05
Practice Area: Consumer Protection
Industry:
Court: U.S. District Court, Southern District
Judge: District Judge John F. Keenan
Attorneys:
For plaintiff: For Plaintiff: Randall Newman, Esq., Newman & Associates, P.C., Mark Rifkin, Esq., Wolf Haldenstein Adler Freeman & Herz LLP.
For defendant: For Defendants: David Lender, Esq., Eric Hochstadt, Esq., Mark Fiore, Esq., Weil, Gotshal & Manges LLP.
Case number: 10 Civ. 8310 (JFK)

Cite as: Weinstein v. eBay, Inc., 10 Civ. 8310 (JFK), NYLJ 1202499191322, at *1 (SDNY, Decided June 27, 2011)District Judge John F. Keenanp class="de

In the Matter of United Parcel Service, Inc., Petitioner v. Tax Appeals Tribunal of the State of New York et al., Respondents, 512224
Publication Date: 2012-10-02
Practice Area: Taxation
Industry:
Court: Appellate Division, Third Department
Judge: Before: Mercure, J.P., Kavanagh, Stein, McCarthy and Egan Jr., JJ.
Attorneys:
For plaintiff: For Petitioner: Scott Brian Clark of Counsel, SNR Denton US, LLP, New York City and Birns & Goff, PC, Philadelphia, Pennsylvania Richard D. Birns of counsel, admitted pro hac vice.
For defendant: For respondents: Kathleen M. Arnold of counsel, Eric T. Schneiderman, Attorney General, Albany.
Case number: 512224

Cite as: Matter of UPS v. NYS Tax Appeals Tribunal, 512224, NYLJ 1202573035803, at *1 (App. Div., 3rd, Decided August 16, 2012)Before: Mercure, J.P., Kava

July 26, 1999 |

An insanely great post-associate job

4 minute read
July 31, 2006 |

Save a Cocktail Napkin, Win a Lawsuit

Idea-submission claims are on the rise in Hollywood, where ideas often are presented informally, leaving a writer without proof when a suspiciously similar project appears. Thanks to Grosso v. Miramax, it's easier to claim idea theft without copyrighted scripts. But the 9th Circuit's ruling conflicts with decisions in the 2nd, 4th and 6th circuits, says Gail Title, who represented Miramax in a brief to the Supreme Court. "There really is a need for guidance in this area," she says.
8 minute read
UNITE HERE v. Cintas Corp., 06 Civ. 7061
Publication Date: 2006-10-13
Practice Area: Business Law
Industry:
Court: U.S. District Court for the Southern District
Judge: Denise Cote
Attorneys:
For plaintiff:
For defendant:
Case number: 06 Civ. 7061

U.S. DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK Appearances:1 For Plaintiff: Anne E. Beaumont Friedman Kaplan Seiler & Adelman LLP F

People v Gilbo
Publication Date: 2006-04-20
Practice Area: Criminal Practice
Industry:
Court: Appellate Division, 3rd Dept
Judge:
Attorneys:
For plaintiff:
For defendant:
Case number: 16010

Decided and Entered: April 20, 2006 16010 ________________________________ THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v SUE L. GILBO,

January 02, 2002 |

Favorite Trademark Cases of 2001

Now that the dot-com economy is kaboom, trademark lawyers are returning to the real world, which, it turns out, is not such a bad place to practice. Here's a review of 10 cutting-edge -- and just plain fun trademark cases -- from George Lucas' suit against an animated pornographic movie to a dispute involving Curious George and Jews for Jesus.
10 minute read

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