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Results: 1-10 of 292

District court litigation can be precluded by USPTO trademark decisions

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • March 25 2015

In a 7-2 decision, the U.S. Supreme Court held that a party can be precluded from litigating an issue that was previously decided by the United

Exclusive is a dangerous word to use in agreement

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • March 2 2015

Many sales and distribution agreements purport to grant "exclusive" rights to a distributor or sales representative. A recent 7th Circuit Court of

Advertising is insufficient to establish first use for a service mark application

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • March 4 2015

The Federal Circuit recently affirmed a Cancellation of a service mark that identified its first advertisement of the mark as the date of first use

Appellate court finds choice-of-law clause does not trump territorial limitations of a consumer fraud action

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • September 7 2012

Recently, the Second District of the Illinois Appellate Court affirmed the trial court’s dismissal of a claimed violation of the Illinois Consumer Fraud Act (the “CFA”) because the alleged violation did not primarily take place in Illinois

Written sales representative agreement succeeds in limiting commissions of terminated representative

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • February 21 2013

It is common for manufacturers and sellers of products to use independent sales representatives to generate sales. These arrangements can be "win

Reasonable accommodations for employees with multiple sclerosis - what does the law require?

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • May 9 2013

With an estimated 400,000 people diagnosed with multiple sclerosis ("MS") in the United States, it is not surprising that legal issues have flared up

In Illinois, corporate officers and directors can owe a fiduciary duty to corporate creditors

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • October 4 2012

Recently, the First District of the Illinois Appellate Court reversed the trial court's dismissal of an action for breach of fiduciary duty because it found that corporate directors and officers, in certain circumstances, owe a fiduciary duty to the corporation's creditors

Confidentiality agreement not enough to protect confidential information

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • January 14 2015

Confidentiality agreements have become routine as a part of conducting business. Parties frequently exchange confidentiality agreements, or sign a

Males and females can be paid differently, if rationale is gender neutral

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • March 4 2008

On February 20, 2008, the 7th Circuit Court of Appeals re-affirmed that companies may pay males and females holding a similar job different wages as long as the company can establish a bona fide, gender-neutral rationale for the discrepancy in pay

U.S. District Court for the Northern District of Illinois permits international service of process via e-mail on Austrian defendant

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • December 1 2010

Continuing a developing trend in federal litigation, U.S. District Judge John W. Darrah permitted Plaintiff, M&R Printing Equipment, Inc., to serve a complaint and summons on Austrian defendant, Dietmar Potscher, by e-mail