Can One Predict an Outcome of a Trial?

There is no surefire way to predict the outcome of a trial, as many factors can influence the decision of a judge or jury. However, some methods that can be used to estimate the likely outcome include: Reviewing past decisions and precedents set by the judge or court. Assessing the strength of the evidence and

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Counterfeit Goods in Trademark litigation

Counterfeit goods is an international problem.  Counterfeiting is prevalent in high-quality status goods.  Fake Cartier watches made with inferior parts and unenforceable warranties selling at bargain prices are a fraud on the consumer and hurts Cartier’s reputation. “Counterfeiting is the act of producing or selling a product with a sham trademark that is an intentional

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Pay-for-Delay Deals May be a thing of the past

There have been recent news articles about settlement agreements reached in patent litigation cases called “Pay-for-Delay”. “Pay-for-delay” deals are agreements between generic and patent-holding pharmaceutical companies, where the patent-holding drug maker compensates the generic manufacturer if the generic manufacturer agrees to refrain from marketing the generic version of a drug past the expiration of the

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The “Crowded Field” in Trademark Infringement Litigation

The cornerstone in trademark infringement litigation has always been determining whether a reasonably prudent consumer in the marketplace is likely to be confused as to the origin of the good or service bearing one of the marks.  Confusion must be “probable, not simply a possibility”.  Over the years the courts have established tests in determining

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The internet has revolutionized they way we transfer information and communicate.  In 1996 Congress passed the Communications Decency Act (CDA); a federal statute found at 47 USCS § 230. Congress recognized that Americans are increasingly relying upon on interactive media for a variety of political, educational, cultural, and entertainment services. Congress also recognized the internet

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Financial Elder Abuse

There are a disturbing number of cases involving financial abuse of the elderly.  Because the elderly are particularly vulnerable, the California legislature enacted the Elder Abuse Act “to protect elders by providing enhanced remedies which encourage private, civil enforcement of laws against elder abuse and neglect.” The Elder Abuse Act defines “abuse” to include anything

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Ecclesiastical Abstention Doctrine

Representing a religious nonprofit corporation can be challenging.  I was involved in litigation when a nonprofit religious corporation terminated a member of this congregation in violation of the bylaws and basic employment law.  The issue became whether the courts would hear this case or abstain citing the ecclesiastical abstention doctrine.  This doctrine states that “Religious

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Breach of implied warranty of habitability

I am defending an individual who owned a house that he rented to a family of four.  Before he rented this house he had the property professionally cleaned and painted.  When he inspected the property before he leased it, he confirmed it was fit for occupation and did not have any conditions that rendered it

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