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Scrutinizing Design Patents

Posted on Sep 28, 2016 by admin in blog news

Did you know that the test that determines whether an object infringes a design patent is the observer test? That's right! But what is even more unique is that this test has withstood the test of time in an area of law that is generally associated with innovation and ever changing standards of review. The observer test has been around for close to 150 years! It relies on an ordinary observer to differentiate between the infringing design and the patented design. An who is this ordinary observer? well to some extent it is the court, ...

Temporary Stay vs. Residence vs. Domicile

Posted on Sep 26, 2016 by admin in blog news

The terms "temporary stay", "residence" and "domicile" refer to the same thing, namely, a person's physical presence at a certain location. The length of one's stay, as well as the intent, determines whether something is a stay, a residence or domicile. Applicability of a particular term has important consequences. For example, a landlord owes a duty to an occupant who is a resident, but not to a visitor  Yaniveth R. v LTD Realty Co., 27 N.Y.3d 186 (N.Y. 2016). Another example, is an application for state Medicaid or Welfare benefits must ...

Personal Lawsuits by a Trustee

Posted on Sep 23, 2016 by admin in blog news

Question: Can a Trustee bring a lawsuit against a party that dealt with the Trust, and who subsequently breached its tract with the trust. Answer: No, the trustee has no contractual relationships with the third party. Sentinel Trust Co. v. Universal Bonding Ins. Co., 316 F.3d 213 (3d Cir. N.J. 2003) In this case, a Trust had an agreement with a 3rd party. This 3rd party breached the agreement, thus causing the trust to incur a financial loss. As a result of this loss, the Trustee was removed, never got paid its fee and was ...

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