secondary evidence is another name for
- 32 C.F.R. 199.4 - Basic program benefits
- 8 C.F.R. 103.2 - Submission and adjudication of benefit requests
- 8 C.F.R. 214.2 - Special requirements for admission, extension, and maintenance of status
- 8 CFR 204.2 - Petitions for relatives, widows and widowers, and abused spouses and children
551 U.S. 701 (2007), 05-908, Parents Involved in Community Schools v. Seattle School Dist. No. 1
... present any evidence that it considered alternatives, even though the ...Jefferson County assigned Joshua to another elementary school in his cluster, Young ... the plans at issue here--in primary and secondary schools. See, e.g., Eisenberg v. Montgomery ...2801] This cannot be justified in the name of the Equal Protection Clause. ...
514 U.S. 159 (1995), 93-1577, Qualitex Co. v. Jacobson Products Co., Inc.
... color as Qualitex's, it has developed secondary meaning, see, e.g ., id., at 851, n. 11, and ... It says that trademarks "includ[e] any word, name", symbol, or device, or any combination thereof.\" \xC2"... rely on color to differentiate one from another"); see also J. Ginsburg, D. Goldberg, & A. ... status); § 1057(b) (prima facie evidence of validity and ownership). Thus, one can easily ...
532 U.S. 23 (2001), 99-1571, Traffix Devices, Inc. v. Marketing Displays, Inc
... determine that MDI had established secondary meaning in its alleged trade dress, i. e., ... claim, for a utility patent is strong evidence that the features therein claimed are functional. ...An inventor named Robert Sarkisian obtained two utility patents for ... Appeals explained that "[i]f TrafFix or another competitor chooses to use [MDI's] dual-spring ...
530 U.S. 793 (2000), 98-1648, Mitchell v. Helms
..., to public and private elementary and secondary schools to implement "secular, neutral, and ...Another judge then reversed that order, upholding Chapter ...Although there is evidence that equipment has been, or at least easily could ..."Neutrality" was not the name of any test to identify permissible action, and ...
- 29 CFR 1910.1200 - Hazard communication
- 7 C.F.R. § 457.8 - The application and policy
__ U.S. __ (2014), 13-461, American Broadcasting Companies, Inc. v. Aereo, Inc.
.... . " (emphasis added)). Phrased another way, does Aereo " transmit . . . a performance" ... for copyright infringement: direct and secondary. As its name suggests, the former applies when an ... treats those snippets as authoritative evidence of congressional intent even though they come ...
__ U.S. __ (2014), 13-317, Halliburton Co. v. Erica P. John Fund, Inc.
Investors can recover damages in a private securities fraud action only with proof that they relied on misrepresentation in deciding to buy or sell stock. The Supreme Court held, in "Basic," that the requirement could be met by invoking a presumption that the price of stock traded in an efficient market reflects all public, material information, including material misrepresentations; a defendant...
... nonetheless inappropriate because the evidence it had earlier introduced to disprove loss ... anticipated benefits of its merger with another company--all in an attempt to inflate the price ... extend Rule 10b-5 liability to certain secondary actors who did not themselves make material ... for invoking the presumption--namely, publicity, materiality, market efficiency, and ...
- 8 C.F.R. 204.5 - Petitions for employment-based immigrants
676 F.3d 144 (4th Cir. 2012), 10-2007, Rosetta Stone Ltd. v. Google, Inc.
... language-learning software under the brand name " Rosetta Stone." 1 By 2006, Rosetta Stone had ... claim is whether there is sufficient evidence for a finder of fact to conclude that Google's " ... wherein the defendant " passe[s] off another's mark as its own" and " confus[es] the public as ... cases where the plaintiff must prove secondary meaning. In those cases, the senior user must ...
830 F.3d 216 (5th Cir. 2016), 14-41127, Veasey v. Abbott
..., a government document showing the voter's name. and address, or mail addressed to the ... form of primary ID, (B) two forms of secondary ID, or (C) one. form of secondary ID and ... evidence differently if we had been sitting as a trier of. ... I am not advised." Id. at 646-47. Another. senator admitted at his deposition that he ...
503 U.S. 467 (1992), 89-1290, Freeman v. Pitts
..., and is the 32nd largest elementary and secondary school system in the Nation. DCSS ... considered an additional factor that is not named in Green: the quality of education being ... of the district, respondents presented evidence that, during the 1986-1987 school year, DCSS had ... may need to be addressed by remedies in another. See, for example, Bradley v. Richmond School ...
505 U.S. 763 (1992), 91-971, Two Pesos, Inc. v. Taco Cabana, Inc.
... merely descriptive -- or had acquired a secondary meaning -- i.e., had come through use to be ... stated the applicable law, held that the evidence supported the jury's findings, and rejected ...§ 1127 as including "any word, name, symbol, or device or any combination thereof" ... representing one's goods as those of another. Neither "secondary meaning" nor "inherent ...
600 F.3d 93 (2nd Cir. 2010), 08-3947-cv, Tiffany (NJ) Inc. v. eBay Inc.
... purchase goods from and sell goods to one another. It " connect[s] buyers and sellers and [ ] ... also generates revenue through a company named PayPal, which it owns and which allows users to ... that matter-control the " legitimate secondary market in authentic Tiffany silvery jewelry," ... at 512, and " provide[d] limited evidence as to the total percentage of counterfeit goods ...
932 F.2d 1113 (5th Cir. 1991), 89-2203, Taco Cabana Intern., Inc. v. Two Pesos, Inc.
... Act protection by cross-licensing with another restaurant and retaining the same trade dress for two different restaurant names. Two Pesos also claims that it obtained the ...; (4) the dress has not acquired secondary meaning in the Texas market; (5) customers might ... on an issue for which there was no evidence"). The jury heard substantial evidence of ...
- 49 C.F.R. 571.108 - Standard No. 108; Lamps, reflective devices, and associated equipment
799 F.2d 867 (2nd Cir. 1986), 880, Lois Sportswear, United States, Inc. v. Levi Strauss & Co.
... its competing jeans, and the undisputed evidence shows that the trademark is intimately associated ... stitching pattern had achieved a strong secondary meaning, i.e., that jeans consumers associated ... by showing the use of one's trademark by another in a way that is likely to confuse consumers as ... a consumer, hearing the [similar sounding] name and thinking it had some connection with [the ...
469 U.S. 189 (1985), 83-1132, Park N' Fly Inc. v. Dollar Park and Fly, Inc.,
... that "registration shall be conclusive evidence of the registrant's exclusive right to use the ... but may not be used offensively to enjoin another's use, that, under this analysis, petitioner ... mark on the grounds that it lacks secondary meaning. Otherwise, the meaning of "equity" would ... should not be enjoined from using the name "Park and Fly." Ibid. . The ...
421 F.3d 1073 (9th Cir. 2005), 03-55957, M2 Software, Inc., a Delaware Corporation v. Madacy Entertainment, a Corporation
..., Inc., adopted M2 as a brand and trade name. Metabolic Music later amended its corporate name ... goods; (3) similarity of the marks; (4) evidence of actual confusion; (5) marketing channels used; ... M2 Software's fanciful mark acquire a secondary meaning. We disagree. A mark's ... knowingly adopts a mark similar to another's, we must presume that the public will be ...
750 F.3d 1339 (Fed. Cir. 2014), 2013-1021, Oracle America Inc. v. Google Inc.
... packages, but it is their content, not their name, that matters. The predecessor of Oracle America, ... a given task, their later use by another will not amount to infringement." Altai , 982 ...The evidence showed that Oracle had " unlimited options as to ..." If the secondary user only copies as much as is necessary for his ...
893 F.2d 459 (1st Cir. 1990), 89-1681, Donatelli v. National Hockey League
... States and Canada; each team bears the name of its home city (e.g., "New York Rangers," ... to litigate before the tribunals of another State; even if the forum State has a strong ... "Gestalt factors," one might say) are secondary rather than primary; unless the defendant has ... that [may] be overcome by clear evidence." Escude Cruz, 619 F.2d at 905. Despite the fact ...