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Limits and Considerations in Control Groups

Alex Simonson

Control groups have become an almost required element in trademark surveys. Survey methodology, however, derives from the field of sociology and political science where there was no such concept of 'control' groups. The studies were designed to be descriptive of a phenomenon. As such, the surveys contained no 'controls,' but could still none the less offer useful information.

He Who Steals My Trash Pays Cash?

Jane Shay Wald

In this rather odd sentencing case, the Eighth Circuit trashed the restitution order that had been imposed by the District Court for the District of North Dakota on janitorial supervisor James A. Chalupnik. <i>United States v. Chalupnik,</i> 2008 WL 268997 (8th Cir. Feb. 1, 2008). Here's a discussion of the case.

Enforcement Issues Raised By Geographically Descriptive Marks

Matthew W. Siegal & Jason M. Sobel

How do famous, but geographically descriptive, trademarks impact the ability of second-comers to trade off the fame of the location? A look at a recent ruling on this issue.

Decisions of Interest

ALM Staff & Law Journal Newsletters

Recent rulings of importance to you and your practice.

NJ & CT News

ALM Staff & Law Journal Newsletters

What's happening in neighboring states.

The Marital Residence

Mark I. Plaine

Crucial to any division of the marital residence (or other assets) is an understanding of the tax consequences attendant thereto. Unfortunately, relevant tax issues are at times not addressed by the parties or the court, resulting in further litigation over the allocation of tax debt.

Hearsay Evidence in Custody Cases

Bari Brandes Corbin & Evan B. Brandes

The rule against hearsay often presents roadblocks for counsel in contested custody and visitation cases, especially where the custodial parent frequently remarries or lives with a new partner. Understanding the rule and its implications is critical to the effective representation of a client in a custody matter.

Features

Psychological Fundamentals of Aggressive Custody Litigation

Ira Daniel Turkat

When child custody is contested, there are times when aggressive litigation is unavoidable. In such circumstances, how one approaches the litigation can vary substantially from case to case and from attorney to attorney.

Verdicts

ALM Staff & Law Journal Newsletters

Recent rulings of interest to you and your practice.

Drug & Device News

ALM Staff & Law Journal Newsletters

Recent developments in this key arena.

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MOST POPULAR STORIES

  • Surveys in Patent Infringement Litigation: The Next Frontier
    Most experienced intellectual property attorneys understand the significant role surveys play in trademark infringement and other Lanham Act cases, but relatively few are likely to have considered the use of such research in patent infringement matters. That could soon change in light of the recent admission of a survey into evidence in <i>Applera Corporation, et al. v. MJ Research, Inc., et al.</i>, No. 3:98cv1201 (D. Conn. Aug. 26, 2005). The survey evidence, which showed that 96% of the defendant's customers used its products to perform a patented process, was admitted as evidence in support of a claim of inducement to infringe. The court admitted the survey into evidence over various objections by the defendant, who had argued that the inducement claim could not be proven without the survey.
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    On May 9, 2003, the U.S. Attorney's Office for the District of Massachusetts announced that Bayer Corporation, the pharmaceutical manufacturer, had been sentenced and ordered to pay a criminal fine of $5,590,800 stemming from its earlier plea of guilty to violating the Federal Prescription Drug Marketing Act by failing to list with the FDA its drug product, Cipro, that was privately labeled for an HMO. Such listing is required under the federal Food, Drug &amp; Cosmetic Act. The Federal Prescription Drug Marketing Act, Pub. L. 100-293, enacted on April 22, 1988, as modified on August 26, 1992 by the Prescription Drug Amendments (PDA) Pub. L. 102-353, 106 Stat. 941, amended sections 301, 303, 503, and 801 of the Federal Food, Drug, and Cosmetic Act, codified at 21 U.S.C. '' 331, 333, 353, 381, to establish requirements for distributing prescription drug samples.
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