Remove topics testimonial-statements
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ISP Surprises Record Labels with ‘Innocent Infringer’ Witness at Piracy Trial

TorrentFreak

The “repeat infringer” issue remains a hot topic in US courts and over the years several ISPs have been sued because of them. In anticipation, both parties submitted motions to exclude several topics, with partial success. During the opening statements, Grande gave the jury a brief overview of its defense.

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when can pharma experts testify about compliance with the FDCA? (also some survey stuff)

43(B)log

Using hypotheticals rather than the exact statements at issue went only to weight; it was still relevant to materiality. Here, he wouldn’t be allowed to present statements such as “OSRX routinely violates the rules. Here, he wouldn’t be allowed to present statements such as “OSRX routinely violates the rules.

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Record Labels Object to ‘Inflammatory’ Evidence from ‘Pro-Piracy’ Site Boing Boing

TorrentFreak

This has resulted in several conflicts already, including when Grande surprised the labels by introducing testimony about subscribers who had previously denied piracy allegations. Copying isn’t the issue here; it’s the topic of the article that’s important. Boing Boing labeled the script “terrifying extortion.”.

Music 121
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keyword ads, product names not confusing in ex-roommate spat

43(B)log

Testimony regarding third-party calls wherein the callers allegedly expressed actual confusion between BoostLash and WooLash is hearsay, as it describes out-of-court statements offered for the truth of the matter asserted.” [I’m They allegedly copied Woo’s “business things” for Boost. But we're here for the trademark parts of the case!

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Is disgorgement the new normal in Lanham Act cases?

43(B)log

Plaintiff argued that it should have been able to use the testimony of its principal, but even during deposition, plaintiff’s counsel stated that he “was not [there] to talk about causation and damages” and objected to questions directed to him about damages, declaring that this topic would be exclusively “within the scope of expert opinion.”

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Battle of the experts: court deals with surveys, damages, other Lanham Act experts

43(B)log

The test group saw homepage statements regarding FDA involvement in Tru Niagen, including the phrases “3 FDA Safety Notifications” and “reviewed and accepted by. whether the stimulus conveyed anything about safety), Isaacson’s survey “asked a more leading question by framing a particular proposition or statement (e.g.,

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Fifth Circuit Affirms That Ericsson’s Offers to HTC Complied With ETSI FRAND Commitment (HTC v. Ericsson)

LexBlog IP

The decision also found that HTC’s proposed FRAND jury instructions were not a substantially correct statement of the law, because Ericsson’s ETSI FRAND commitment was governed by French contract law, but HTC’s instructions were based on U.S. Exclusion of Other Expert’s Testimony In Another Case.