U.S. Supreme Court Appears Set To Change Corporate Location Test
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WASHINGTON -(Dow Jones)- The U.S. Supreme Court appeared poised on Tuesday to overrule a test for determining a corporation’s principal place of business that effectively locates a majority of national companies in California. Most members of the high court readily criticized the 9th Circuit U.S. Court of Appeals in San Francisco for basing its determination of a national company’s place…

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McDonald’s Settles Another “David v. Goliath” Trademark Suit
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Posted by Zach Lowe Let’s start by saying we need to come up with a new catchy phrase for a little guy v. big guy legal case, because “David v. Goliath” is getting old. That said, the first line of the complaint a Minnesota burger joint filed against McDonald’s reads, “This is a case of David versus Goliath.” In the…

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Obama Nominates N.C. Judges to 4th Circuit
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President Barack Obama on Wednesday nominated two state judges from North Carolina to the 4th U.S. Circuit Court of Appeals, taking a big step toward filling vacancies on the depleted appellate court. One nominee, Judge James Wynn Jr. of the North Carolina Court of Appeals, was also a choice of President Bill Clinton, but then-Sen. Jesse Helms, R-N.C., blocked Wynn’s…

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Nokia Sues Apple to Regain Market Share
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Financial Times — Nokia and Apple have been locking horns in the lucrative market for sophisticated smartphones for the past two years. Now they are going to slug it out in the courts as well. The patent infringement claim from the world’s biggest handset maker, filed in a US Federal court in Delaware on Thursday, pointed to an intensification of…

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Supreme Court to Decide Jurisdictional Issue Critical to Businesses Around the United States
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By Vivek Jayaram, Esq. The United States Supreme Court granted Certiorari this past summer in Hertz v. Friend, a case in which the issue presented is as follows:  Whether, for purposes of determining principal place of business for diversity jurisdiction citizenship under 28 U.S.C. § 1332, a court can disregard the location of a nationwide corporation’s headquarters – i.e., its…

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Artist Admits Using Other Photo for ‘Hope’ Poster
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Shepard Fairey said in a statement Friday that he was wrong about which photo he used and that he tried to hide his error, the Associated Press reports. “In an attempt to conceal my mistake, I submitted false images and deleted other images,” said Mr. Fairey. “I sincerely apologize for my lapse in judgment, and I take full responsibility for…

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Judge: Cellphone Ringtones Are Not Concerts
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A federal judge has dismissed the music industry contention that when a cellphone’s ringtone begins playing, copyright infringement starts happening since others can hear the song, essentially arguing that a mobile phone is a portable concert hall. That argument meant that millions of mobile phone users were copyright scofflaws anytime anyone called them. The American Society of Composers, Authors and…

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Economic Downturn Brings Upturn for Litigators
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Ever since last year’s economic free fall, law firms have engaged in a robust debate over the extent to which the recession would trigger new litigation work – potentially a fresh source of revenue for otherwise strapped firms. Some firms reported sharp increases, while others said the results had been underwhelming. Now a survey by a prominent national law firm…

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Reed Construction Data Sues McGraw-Hill Construction, Alleging Corporate Spying
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New York–Reed Construction Data, a unit of Reed Elsevier, Thursday sued its chief competitor, McGraw-Hill Construction, alleging that Dodge, a unit of McGraw-Hill Construction that lists construction projects, has engaged in corporate spying since 2002. “This is a case of brazen industrial espionage committed by a sophisticated corporate entity with the intent of forcing its top competitor out of the…

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Apple Challenges Woolworths Over Fruit Logo
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Apple has challenged Woolworths over its corporate logo, arguing that it is too similar to its own trademark, the Australian retailer said Monday. Sydney-based Woolworths in August 2008 introduced a new logo — a stylized “W”, which it says is similar to peeled fruit — to represent fresh food. Read the rest of the story here.

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