Finding Geographic Distance Minimizes Consumer Confusion, Judge Sides With Defense in Trademark Infringement Dispute
"Plaintiff is therefore forced to resort to an argument that Defendant's facilities—located on the opposite coast—infringe on its trademarks. This sort of significant geographic separation between local businesses, coupled with the lack of any legally cognizable consumer overlap, compels application of the principles espoused in Dawn Donut, What-A-Burger, and their progeny. Plaintiff makes many arguments to the contrary, but they are all unavailing," Young wrote.
"The bar exam became a convenient way to test and evaluate aspiring lawyers en masse, but over time, the exam began to really depart from testing the knowledge and skills that new lawyers need," David Friedman, associate dean for strategic initiatives and professor of law at Willamette, said in a statement.
After Mistrial in Outback Steakhouse Slip-and-Fall Case, Plaintiff Remains Without Counsel as February Retrial Looms
"In this matter, there is no new counsel for Ms. Haysbert, a pending motion of sanctions against Mr. McKelvey, a request to select a new trial date submitted by Mr. McKelvey an no explanation of good cause of why he must withdraw, and finally, no affirmation by Ms. Haybert that she no longer wishes to retain Mr. McKelvey," Outback Steakhouse's counsel, John D. McGavin of McGavin, Boyce, Bardot, Thorsen & Katz in Fairfax, Virginia, wrote in its opposition.