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bdowling
searching PlanetScale…
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33 ms
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391.
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bdowling
4y ago
The legal answer is a resolution of "likelihood of confusion" to a consumer of the same or closely-related goods or services.
392.
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bdowling
4y ago
DeWalt won't be able to stop a competitor from selling yellow and black safety tape because the color is essential to the functioning of the product. The color of a cordless power tool, however, is not essential to its function; the co
393.
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bdowling
4y ago
The utility of a trademark is such that when consumers see the mark, they know who the source of the goods or services is. Changing who owns every mark every year would undermine that utility.
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bdowling
4y ago
> For example if you took a photo of the Tiffany blue and some jewellery and then shared it on Facebook it's likely Tiffany could succeed in a takedown request. If the mark on the jewelry is genuine (i.e., if you are reselling genui
395.
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bdowling
4y ago
The issue is the use of the mark by another for the same goods or services . So, another company can use the letter alpha for a chain of pizza restaurants and there's no problem. If a camera company starts using the letter alpha on ca
396.
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bdowling
4y ago
It's the same in the U.S. A trademark is always tied to specific goods and/or services. In general, someone else can use the same name/color/design/whatever for unrelated goods or services so long as the way it'
397.
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bdowling
4y ago
The other side of increased life expectancy is that the average person will work longer before he can afford to retire.
398.
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bdowling
4y ago
> No one can hold them accountable for blatantly contradicting themselves. The democratically elected Congress can pass new laws to overrule most SCOTUS decisions. A few decisions on constitutionality would require an amendment, but thos
399.
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bdowling
4y ago
Thank you for mentioning Mathics, https://mathics.org/ .
400.
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bdowling
4y ago
Prior copyright cases allowed protection for “structure, sequence, and organization” (SSO) of software. Oracle’s basic argument was that Google copied the SSO of Java for Android/Dalvik. The Oracle decision undid that when it came t
401.
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bdowling
4y ago
At least in the United States, there’s nothing to stop someone from independently implementing the Wolfram Language and libraries and not paying Wolfram anything. See Oracle v. Google (U.S. 2021), which held that copyright law does not p
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bdowling
4y ago
Whoosh . Thanks.
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bdowling
4y ago
It's called Numbers. I prefer it to Libre Office Calc. Neither are perfect substitutes for a person who really needs Excel though.
404.
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bdowling
4y ago
Thank you for clarifying. I updated my response to add a note about this.
405.
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bdowling
4y ago
(Edit: See reply. Counterintuitively, a purchaser intending to gift a firearm is the transferee as far as Form 4473 is concerned.) > Ironically, if you take someone shopping to buy them a gun as a gift, by law you're the one that&#x
406.
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bdowling
4y ago
Looks like "Weird Al" Yankovic's Party in the CIA , https://www.youtube.com/watch?v=C-CG5w4YwOI , which is full of charm.
407.
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bdowling
4y ago
$2000 is a publicity stunt. Basically, the grower auctions the first fruit of the season and the winner is interviewed on TV and gets to promote his business. It's exactly like the ludicrous tuna auction but on a local level. The $100
408.
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bdowling
4y ago
> The opposite to Flowers for Algernon is Captain America. They're not opposites, they're orthogonal. Flowers for Algernon is a science fiction story. Science fiction stories are usually (always?) about how the human experience
409.
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bdowling
4y ago
From the video description: > The 110GHz 4-channel variant of the UXR-Series oscilloscope has an MSRP of $1.3 Million US dollars.
410.
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bdowling
4y ago
Found online: Is it true that there is freedom of speech in the Soviet Union, just like in the USA?. Yes. In the USA you can stand in front of the White House and shout "Down with Reagan!", and you will not be punished. Equally, y
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bdowling
4y ago
> ... a brand-new restaurant, which opened an hour ago, is most likely to shut down one hour from now. A new restaurant that opened one hour ago existed for months during its planning stages. That restaurant will probably not survive its
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bdowling
4y ago
It would be unusual to see an epitaph containing any personal thoughts, because most such messages are written by surviving family members, not the deceased.
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bdowling
4y ago
> would you say "means for killing flies" or "fly-killing device" I don't know. Again, I passed the patent bar, but I don't practice in prosecution. So, by my estimate, you have infinitely more experience t
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bdowling
4y ago
> Awaiting a patent lawyer who does this every day I am a registered patent attorney (*), but I don't practice in patent prosecution. > a fly swatting device ... And you would say in your spec ... You're alluding to means-pl
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bdowling
4y ago
Consider the following claims: 1. A fly-swatter comprising (A) a shaft, (B) a handle attached to one end of the shaft, and (C) a perforated paddle attached to the other end of the shaft. 2. A fly-swatter according to claim 1, furth
416.
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bdowling
4y ago
> if any claim gets invalidated, the rest that rely on it are useless. This misunderstanding came up in another thread. If a dependent claim is invalidated, then it invalidates the claims it depends from, but not the other way around. Fo
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bdowling
4y ago
> False. You have it backwards. If a dependent claim is invalid, then the independent claim from which it depends is also invalid. It doesn't make sense the other way around.
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bdowling
4y ago
I haven’t looked at the claims here, but the independent claims are the most broad claims of a patent. The dependent claims are always necessarily narrower. So, even if an independent claim is invalidated, it’s dependent claim may survive i
419.
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bdowling
4y ago
The public benefit is that if you see a person's name or likeness used to promote a product, the public knows that the person (or their estate) consented to the use. Without publicity rights, anyone could use anyone else's name or
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bdowling
4y ago
The claim here is that SFC is a third-party beneficiary of the alleged contract between the software creator and Visio. A third-party beneficiary can sue even though it is a non-party to the contract. (e.g., if Alice pays Bob to paint Charl
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