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California.
What does it take to get a subpoena and serve it on an ad agency for the document used to claim infringement and have my ads removed? It was signed under penalty of perjury and provided to the ad agency by company x to have my ads removed.
What facts are the courts looking for in...
"A declaratory judgment is a judgment of a court in a civil case which declares the rights, duties, or obligations of each party in a dispute. It is commonly called a declaratory ruling, a term which also includes decisions of regulatory agencies. A declaratory judgment or ruling is binding as...
Again, I have stopped all selling of the actual items I was asked to stop and will only allow an in person attorney with a opinion letter to tell me I can start selling again. In the meantime, my reearch has lead me to this point. Also, for more context the items are purchased at retail prices...
(California)
Are clickwrap agreements valid and working well in courts?
What current pitfalls are there when using these to proterct yourself from suits other then in your state?
Would you think that the entrance to the entire site would have to be clickwrapped before entering - which is...
Moral of story, get a good attorney next time.
I don't mean to be negative but, lets face it, slick sleek slick sleek sick slick sleek...
No difference and when I first read the article from the start I was shocked that they were denied. I can't be that smart. I do know a thing or two more so...
materially "to an important degree; considerably"
How does materially get interpretated by the courts? Some examples would be better to explain for me.
These examples assume: (1) following proper advertising laws (2) strictly US retail in purhases with no wholesale contracts (3) no...
california.
Digital Millennium Copyright Act, prohibits a person from providing any device or service that circumvents a technological measure that effectively controls access to a copyrighted work. 17 U.S.C. 1201.
What exactly is the jist here with words service and technological?
Is the...
taking 2 products and making 1 for reselling
california
If you can take 2 products that have IP rights and combine them into your own single product and get your own IP rights (possibly) then this doesn't give you the right to sell the resulting item?
What example cases is this legal for and...
CALIFORNIA
Company X states: "You are hereby notified to cease and desist the sale of company X equipment and any use of company X trademarks or brands."
This was company x response to me. Of course if I think they have no rights then I continue my sales and ads as is.
Does this mean that...
California.
I resell electronic items. I use online advertising using my own pictures I have taken of the products. These pictures do have the manufactures logo on the box and product of course. In some pictures I have now even removed the logo.
The ads come in two flavors. One is a straight...
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