Mon.Sep 11, 2023

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Third Circuit Cancels Watermelon Candy Trademark in Precedential Functionality Decision

IP Watchdog

On September 7, the U.S. Court of Appeals for the Third Circuit issued a precedential decision on trademark functionality doctrine in PIM Brands Inc. v. Haribo of America Inc. In affirming the district court’s grant of summary judgment, the Third Circuit found that PIM’s federally registered trademark to a wedge-shaped candy with green, white and red stripes should be canceled because the mark as a whole identifies the candy’s flavor.

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Expertized

The 10b-5 Daily

To what extent can plaintiffs commission an expert report based on public information and rely on it in their complaint to adequately plead securities fraud? The Ninth Circuit recently addressed this issue in E. Ohman J:or Fonder AB v. NVIDIA Corp. , 2023 WL 5496507 (9th Cir. Aug. 25, 2023). A majority of the panel (Judge Fletcher and Judge Wallace) found that the expert report was credible and could be relied upon, even though it did not reference any internal corporate data or witness statem

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CAFC Vacates Netflix and Apple Losses at PTAB in Two Precedential Rulings

IP Watchdog

The U.S. Court of Appeals for the Federal Circuit (CAFC) today issued two precedential opinions vacating and remanding decisions of the Patent Trial and Appeal Board (PTAB). In the first, the court said the PTAB abused its discretion in finding that Netflix, Inc. failed to articulate a field of endeavor to establish analogous art, vacating the Board’s decision in part.

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What Is The Difference Between Substantive And Procedural Law?

CaseFox

Imagine the legal world as a puzzle. Where the two crucial pieces of procedural and substantive law fit together for a fair outcome. Although both of these legal terms can easily get dismissed in legal jargon. It is important to understand these terms and the differences between them. When it comes to criminal offenses and justice, these two laws play a major role.

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No Objections: Better Case Management with AI for Paralegals

Speaker: Joe Stephens, J.D., Attorney and Law Professor

Join this session to get a fresh look at how AI tools can help you work smarter, faster, and more effectively! Attorney and law professor Joe Stephens, J.D., will walk you through the complete journey of a legal case—from the first client meeting through the final outcome—while showing you how artificial intelligence can transform your daily work at each important step.

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What Is The Difference Between Procedural And Substantive Law?

CaseFox

Imagine the legal world as a puzzle. Where the two crucial pieces of procedural and substantive law fit together for a fair outcome. Although both of these legal terms can easily get dismiss in legal jargon. It is important to understand these terms and the difference between them. When it comes to criminal offenses and justices, these two laws play a major role.