Tag Archives: decides

Court of Appeal Decides Buy-Out Questions Under Re-RULPA

California's Uniform Limited Partnership Act of 2008, commonly known as Re-RULPA, established a mechanism by which partners can avoid a judicial dissolution of the partnership by purchasing for cash the partnership interest owned by the partners initiating the judicial dissolution … Continue reading

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8th Circuit Decides the 3rd Dimension Adds Character

Recently, the 8th Circuit decided an appeal in Warner Bros. v AVELA. AVELA makes memorabilia such as snow globes, puzzles, t-shirts and other products primarily from movies. Warner Bros. sued AVELA for copyright infringement for use of materials associated with … Continue reading

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9th Circuit withdraws controversial Betty Boop decision, decides to remand case on narrower grounds; trademark licensing programs are safe once again

Back in February, I reported with alarm that the 9th Circuit rejected a trademark infringement claim by the purported owners of the BETTY BOOP cartoon character, issuing an opinion resting on an interpretation of aesthetic functionality doctrine that was so … Continue reading

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Opinion analysis: What counts as arbitration, and who decides?

By a vote of five to four, the Court on Wednesday held that the Federal Arbitration Act ("FAA") pre-empts California state law, which deems class arbitration waivers in consumer contracts of adhesion unconscionable in disputes over small amounts of damages. … Continue reading

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SCOTUS Decides Tribal Case, but What About the Regulatory Taking?

The Supreme Court just decided the case of United States v. Tohono Oodham Nation. This case involved the Court of Federal Claim's jurisdiction to hear a case when a companion case, seeking different relief, was pending in a district court. … Continue reading

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