Tag Archives: scrutiny

FTC’s Antitrust Complaint Against 1-800 Contacts – Clear or Blurred Vision of Antitrust Scrutiny of Settlement Agreements Entered to Protect Trademarks in Advertising?

On October 27, 2017, Chief Administrative Law Judge D. Michael Chappell rendered his Initial Decision in the FTC’s Complaint against 1-800 Contacts, a complaint challenging as a violation of Section 5 of the Federal Trade Commission Act (15 U.S.C. § … Continue reading

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Protecting Kids Means Closer Scrutiny of Day Cares

In the wake of two Oregon day care deaths in as many months late last year one might have thought that it would be a simple thing to build momentum in the legislature for reform and increased oversight, but in … Continue reading

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section 2 refusals are subject to Reed strict scrutiny, Fed. Cir. rules

In re Brunetti, No. 2015-1109  (Fed. Cir. Dec. 15, 2017)Brunetti wanted to register FUCT; the TTAB affirmed a refusal to register on scandalousness grounds.  The Federal Circuit here deals the inevitable deathblow to scandalousness as a registration bar, but on … Continue reading

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Employee's dismissal for "excessive absenteeism" failed to survive judicial scrutiny where such absences were authorized by the employer and properly documented

Employee's dismissal for "excessive absenteeism" failed to survive judicial scrutiny where such absences were authorized by the employer and properly documented Matter of Iarocci v Incorporated Vil. of W. Haverstraw, 2011 NY Slip Op 50794(U), Supreme Court, Rockland County, Judge … Continue reading

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DOJ Approves the Google-ITA Merger but More Antitrust Scrutiny May Be Waiting in the Wings

The Department of Justice recently agreed to a settlement with Google – and agreed not to pursue antitrust charges against the company over its $700 million acquisition of ITA, a travel industry software company. The settlement requires Google to continue … Continue reading

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