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Newcomer's Trademark Rights Take Back Seat in Limited Area to Local Prior User
What happens when a large newcomer to a geographic region with a federal registration for its service mark encounters a smaller pre-existing business in that region with prior use of a similar mark for the same services? Enjoinable reverse infringement results, according to the U.S. Court of Appeals for the Third Circuit. <i>Citizens Financial Group, Inc. v. Citizens National Bank of Evans City,<i> Case Nos. 03-2868 and 03-3175 (3d Cir. 2004).
October issue in PDF format
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October issue in PDF format
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Online: Web Site Advocates Health Care, Prescription Drug Access
The Community Catalyst created the Prescription Access Litigation Project ("PAL") in 2001 to use class action litigation and public education to end pharmaceutical price inflation. The Community Catalyst is a national advocacy organization that encourages consumer and community participation in the molding of our health system to ensure quality, affordable health care for everyone. Visit the Web site at <i>www.communitycatalyst.org.</i>
Case Notes
Highlights of the latest product liability cases from around the country.
Today's Pharmaceutical Criminal Investigation Is Tomorrow's Product Liability Lawsuit
In today's notoriously litigious atmosphere, a spark of governmental investigation can quickly ignite into product liability litigation. The events surrounding the recent $430 million Neurontin global agreement provide a notable example.
Practice Tip: Web Site Hyperlinks as Adoptive Admissions
Companies are increasingly communicating with consumers via the Internet. With the explosion of the Internet during the last decade, the company Web site has become one of the most comprehensive and convenient locations to obtain information on a product. As the number of people using the Web has increased, company Web sites have gone from bare-bone sites of basic corporate information to becoming the starting point in any search for information on a company and its products. The swell in the use of such Web sites has increased their importance as a corporate voice and as a resource for consumers. Should a company change its Web site if a governmental or private agency issues a report that presents findings relating to one of its products and a risk of personal injury?
Discoverability of Attorney Work Product Communications Supplied to Experts
Federal courts are split on the issue of whether a party must produce all communications and materials that were supplied by the party's attorney to a testifying expert, even if these communications (oral or written) would otherwise be protected as attorney work product. This two-part article will discuss and compare the majority and minority views.
October issue in PDF format
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Working At Home, And At Play
Constant connectivity creates pressure to work around-the-clock, wherever you may be. After all, the Net is always on ' and open for business.<br>However, as the traditional office becomes less important ' because technology lets work shift location with the workers ' will the legal rules for the workplace also follow?

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