By: Tyler Hampy To begin, what is unfair competition? Although the courts have had little success in defining unfair competition in the abstract, Black’s Law Dictionary defines unfair competition as dishonest or fraudulent rivalry in trade and commerce, specifically, the practice of endeavoring to pass off one’s own goods or products in the market […]
Traditionally, trade dress was limited to the overall appearance of labels, wrappers, and containers used in packaging a product. However, over a period of years, the traditional definition expanded beyond packages and containers to include the total look of a product. Today, the total look includes the packaging, as well as the design, shape, size, […]
A jury awarded Apple over one billion and fifty million dollars in their lawsuit over patent infringements with Samsung. There were some troubling facts about the case though. The jury awarded an extra 2.5 million on a devise they ruled did not infringe on Apple’s patents. Sloppy. They also took only three days to come […]
In many civil cases, a judge will order mediation before the case goes to trial. Is this a useful tool? Or is it a waste of time and money? It all depends on the case whether mediation is going to help or not. Many times a case is an “all or nothing” kind of […]
Most people probably can tell you about criminal cases. In a criminal case the people or state, represented by a State’s Attorney, must prove “beyond a reasonable doubt” the defendant is guilty of violating the law in which he or she is charged. Many people however get this wrong and confuse “reasonable doubt” and […]
