Faruki Blog

SCOTUS' Tale of Two Trademarks: How a Happy Ending to IP Litigation Often Depends on Early Strategy Before USPTO

On March 24, 2015, the U.S. Supreme Court issued two decisions: Omnicare, Inc. v. Laborers Dist. Council Constr. Industry Pension Fund, No... Read More

Ohio Supreme Court Finds that Outbound 911 Calls are Subject to Disclosure Under the Public Records Act

On March 19, 2015, the Ohio Supreme Court issued its decision in The Cincinnati Enquirer v. Sage, et al., 2015-Ohio-974. The Court affirmed, in part,.. Read More

SLAPPing the First Amendment in the Face: Ohio's Need for Anti-SLAPP Legislation

"If the freedom of speech is taken away then dumb and silent we may be led, like sheep to the slaughter." – George Washington The rights to speech,.. Read More

SCOTUS Mows Down Yard-Man Inference

Businesses looking for areas to cut costs since the economic downturn have occasionally directed their gaze at employee benefits, either by requiring.. Read More

ERISA or Not, a Contract is Still a Contract, SCOTUS Holds

The Supreme Court was recently presented the question of whether collective-bargaining agreements ("CBAs") that provide for benefits governed by the.. Read More

Patently "Wrong": The U.S. Supreme Court Ends Federal Circuit's Overuse of "De Novo" Standard When Reviewing Trial Courts' Patent Claim Construction Rulings

"The Federal Circuit was wrong," wrote Justice Breyer in a majority opinion in which the United States Supreme Court's dissatisfaction with the.. Read More

Could the Sony Cyber-Attack Clarify the First Amendment?

Late last month, Sony Pictures Entertainment ("SPE") was the victim of a massive cyber-attack, which crippled the Hollywood studio’s network and.. Read More

When Can Volunteers be Considered Employees? Sixth Circuit Clarifies

After the Sixth Circuit held that a Plaintiff need not make a threshold showing that they were compensated to make a prima facie showing that he is.. Read More

The Digital Fourth Amendment and Your Reasonable Expectation of Privacy

As my colleague, Scot Ganow, suggested earlier this year, it won’t be long before the Supreme Court again finds itself at the intersection of Fourth.. Read More

Baseball's Antitrust Exemption No Protection for Broadcasting Deal

More and more people today identify as "cord-cutters"—people who watch their favorite TV shows through services like Hulu, iTunes, or Netflix,.. Read More
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