In Au-Tomotive Gold Inc. v. Volkswagen of America, Inc., 603 F.3d 1133 (9th Cir. May 6, 2010), the Ninth Circuit refused to extend the First Sale Doctrine as a defense in circumstances where a likelihood of post-sale confusion as to the origin of the accused goods exists.
The importation of gray market branded clothing into the U.S. and other countries has created a significant disadvantage for authorized distributors, who have to pay substantially higher prices for the same branded clothing, but which is being sold for less by gray marketers.
Last month, the 7th Circuit Court of Appeals (which hears appeals of cases decided in Illinois, Indiana, and Wisconsin) affirmed that an employee’s allegations of discrimination under Title VII can be overcome by a showing that the employer had a legitimate reason for the termination – insubordination.
n the last post on Electronic Discovery Compliance, this blog explored Judge Sheindlin’s most recent decision involving litigation opponents’ duties to preserve and produce evidence during litigation, The Pension Committee of the University of Montreal Pension Plan v. Banc of America Sec., LLC. In May 2010, Judge Sheindlin entered an important amendment to her decision.
More and more real property owners across the country are finding themselves in the enviable position of receiving an out-of-the-blue offer to lease space on their property for a cellular telecommunications antenna site. Almost any property owner will be interested in generating income from an unused portion of his property, but cell site leases are a different animal and the smart owner will not simply jump at any offer.
Many cities in California, starting with San Francisco, have enacted or are considering bans on plastic shopping bags. The Save the Plastic Bag Coalition has been striking back. Its case against the City of Manhattan Beach was recently accepted for review by the California Supreme Court.