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Posts by jetlaw

Users should be aware, however, that the Ad-based content will be supported by free core content that may appear in the form of banners, which could, in some instances, detract from users' advertising experience by obscuring portions of advertisements with banners containing free, high-quality content, tools, and features.
\t I've got news for you. Everyone dies.
iJustice
I stand corrected. Thank you. Would you agree then, that to prevail, Apple would have to succeed in establish that: 1) "App Store" is not generic, but 2) is descriptive of their propriety store, and 3) that the term has acquired secondary meaning?
Historical use of generic terms is not the relevant legal consideration with regard to enforcement of a trademark. What matters is if the generic terms has acquired a secondary meaning that is unique to the product of the trademark holder. It is important to remember that despite what trademark holders would like to think, the purpose of trademark law is to avoid confusion of the public. This clearly provides a benefit to the trademark holder by avoiding the diversion...
Bad taste. \
I am (finally) in my last semester of law school, and just happen to be writing my seminar paper on Art Law, of which copyright and trademark are a big part. Many prior posters have rubbed up against the salient issues, but I'm not sure I read any posts that put them all together. Remember, I'm just a lowly law student, and until I pass the Bar Exam I'm just another layperson with an opinion, so please take it with the proverbial grain of salt. When a company wishes to...
The problem with iBooks is not the number of devices it runs on, it is the pathetic selection of books in the store.
It's called subrogation. A component of most insurance contracts is that the underwriter steps into the shoes of the insured once they pay the claim. Therefore, the insurance company plaintiff in this case has standing to bring any claim that the insured could have brought themselves. With regard to the claim itself, one who introduces a product into the stream of commerce in a condition unreasonably dangerous is liable for harms caused by the defect. There are...
Up until I bought an 11" MacBook Air, I was carrying around a MacBook Pro, an iPhone, and an iPad. I loved them all, and used them for different things. When I got used to the new Air, I sold the Pro and the iPad. Based on this experience, I wonder exactly what niche it is that the PlayBook or any other 7" tablet is hoping to fill. It isn't a phone, it isn't really a tablet in the sense of an iPad, and it definitely isn' a computer. So basically, anyone who needs...
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