222 Andrews Avenue - Youngstown,OH - 44505-3063 330.743.7437 / 330.757.3000 / 330.392.4040 Please Choose from Great Garage Door Products HAAS DOOR®Gold Edition – Models RMT 610, 680, 690 GREAT GARAGE DOORS®Model GDL GREAT GARAGE DOORS®Model GD MISER-THERM®Commercial Insulated Steel Doors – Models CMT-610, CMT-680, CMT-690 Openers, Transmitters, and Dominos This is a text area. Writing in paragraphs lets your visitor find what they are looking for quickly and easily. Edit the text in the list editor.Error 404 - Not Found Ad as shown in Themis' declaratory judgment action Ad as shown in Kaplan's counterclaim Likewise, as for the misleadingness claim, summary judgmentLaw students are the the ad to 331 current law students, allowed them to look at it for as long as they wanted, and then took it away from them before asking various questions. test group received the actual Themis ad. The control group received a modified
version that displayed the footnote text more prominently. Kaplan control ad with disclosure in column text asked whether the pass rates on the ad represented all Themis test takers or only a certain subgroup of test takers. In the test group, 15.7% of the students answered correctly and 69.3 % answered incorrectly. group, 64.8% of students answered correctly and only 17.6% answered Ad tested by Themis Another ad tested by Themis Themis argued that “in high-level involvement purchasing decisions such as choosing a bar prep company, a reading test, where the subject can reference the ad while answering questions, is more appropriate than a memory test,” given that humans have bad short-term memories. Kaplan responded that memory wasn’t the issue; if a student noticed the footnote, short-term memory issues wouldn’t prevent them from answering correctly a very short time later.Moreover, Kaplan argued, a memory test was
more realistic, because consumers look at an ad as long as they need to and form their impressions during this time period. “Thus, if a student did not notice the footnote after looking at the advertisement but before being asked about it, that suggests that the advertisement would be misleading in a real questions while the student is reviewing the ad causes them to pay more attention to the footnote than they otherwise would have.(Repeating court’s use of .) Screenshot from Themis survey Another screenshot from Themis survey Kaplan also argued that, even assuming that students read the footnote, Themis’ ads were still misleading with respect to some jurisdictions because of a lack of statistical significance.(I think Kaplan should be arguing about , but this is a common lawyers’ problem.) example, Themis advertised that 100% of its students who were first time takers and completed 75% or more of the course passed the July 2013 Washington D.C.
bar exam, compared to the DC-wide average of 71%. But that 100% pass rate was based a population of four students, which couldn’t realistically show anyThe court agreed that comparing Themis pass rates to state/district-wide averages might imply that the Themis pass rates were based on a sample size large enough to show significance jury could go either way. the court of appeals reversed, holding that “the plain language of § 43(a) does not require that a plaintiff possess or have used a trademark in U.S. commerce as an element of the cause of action.”Instead, it’s the defendant’s use in commerce of an offending “word, term, name, symbol, or device” or of a “false or misleading description [or representation] of fact” “that creates the injury under the terms of the statute.”So BCC had to show that it was likely to be damaged by this use.“It is important to emphasize that this is an unfair competition case, not a trademark infringement case.”
Although , I wonder if the government will pick up on this panel holding as it relates to Blackhorse; if §43(a) doesn’t require trademark rights, that implies that cancellation would not end the Washington team’s federally enforceable rights.] In re TamLexmarkIn re Arguing that TVEyes' database and its functions are fair use. Thanks to the signers, especially Chris Sprigman, & I'm also grateful for the last-minute help of Michael Leavy, for when I discovered that being an e-filer in the Second Circuit doesn't actually make you an e-filer in the Second Circuit unless you have connected your PACER account with your NextGen account, which for some reason requires human intervention. Brandon Ale House (from Miller) Miller's Orlando Ale House Miller's Atlanta Ale House Orlando Ale House (from Miller) DCCM’s sports bar restaurant, located in Davenport, Florida, is called Davenport’s Ale House, with a sign comprised of Davenport’s in
italics preceding the phrase “ale house.” Miller’s argued that the relevant public, central Florida, associated an italicized word followed by ALE HOUSE with Miller’s restaurants, regardless of the nature of the italicized word. Start of TV ad Middle of TV ad Big finish of TV adFrom Our Family To Yours For over three generations, Haas Cabinets have been built to suit your specific style and space by American craftsmen from the finest hardwoods grown in the Midwest. Like fine furniture, they enhance the beauty and functionality of your home. Whether creating a new space or renovating an existing room, Haas Cabinet will bring your dream kitchen to life. Master craftsmen at Everite Door Company create the finest wood doors anywhere. For over 60 years, they have made incomparable garage doors by hand for residential and commercial applications throughout the United States. Their experienced artisans take enormous pride in the quality of their work.
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