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Analyzing the Lululemon v. Costco Dupe Suit (Guest Blog Post)

Eric Goldman

But the rise in dupes has brought a corresponding rise in dupe lawsuits, or at least lawsuits that offer up defendants’ or consumers’ use of the term “dupe” as evidence of confusing similarity or intent to deceive. But the case law makes clear that establishing acquired distinctiveness for trade dress features is more complicated.

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How a Motion for Change of Venue Affects Your Case

Clio

In your opposition you will have the opportunity to thoroughly examine the legal basis for their motion and prepare case law and arguments for rebuttal. To prove bias, you can look to supporting evidence to help underscore your claim, including news articles, expert testimony, affidavits, or statistical data.

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Ninth Circuit Reaffirms the “Server Test” for Direct Infringement of the Public Display Right — Hunley v. Instagram, LLC (Guest Blog Post)

Eric Goldman

Neither Time nor BuzzFeed was named as a defendant. The legislative history also expressed an intent to retain existing case law on vicarious liability of a principal for the acts of its agents, including independent contractors. See the screenshot on the right). 94-1476 , at 61 (1976). 94-1476, at 159-60. 3d at 593. [To

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Should Copyright Preemption Moot Anti-Scraping TOS Terms? (Guest Blog Post)

Eric Goldman

It’s that every new case related to the law of copyright preemption of contracts leaves lawyers with a potential new set of arguments to defend or argue against with the law of copyright preemption. Based on my reading of the case law, the Fourth and Eighth Circuits broadly follow this approach. Verio, Inc.

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How to File a Motion to Dismiss

Clio

For any lawyer defending a client in a lawsuit, they require the ability to utilize a powerful tool in their arsenal–the motion to dismiss. By seeking to dismiss a case early in the litigation, you can potentially prevail without the trouble of full-blown discovery and a trial. What is a motion to dismiss? In some U.S.

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What Is a Motion to Suppress?

Clio

Understanding the purpose, grounds, and process of filing a motion to suppress is essential for both attorneys and defendants. Understanding the purpose of a motion to suppress A motion to suppress is a legal document filed by the defense in criminal cases seeking to exclude certain evidence from being presented at trial.

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Voting Is Open! Pick the 15 Finalists to Compete At Startup Alley at ABA TECHSHOW 2024 in February

Above the Law - Technology

Paxton AI Elevator Pitch: Paxton AI develops advanced legal research tools powered by artificial intelligence, providing legal professionals with swift and accurate access to a comprehensive database of laws, regulations, and case law to streamline the legal research and drafting process. What makes you unique or innovative?

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