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Trademark Infringement – Damages
Barrington Music Products (Barrington) sued Music & Arts Centers (Music & Arts), Guitar Center Stores, Inc. (Guitar Center), Woodwind & Brasswind Inc. (Woodwind), and Eastman Music Company (Eastman), for infringing on Barrington’s “Vento” trademark with their use of the trademark “Ventus.”
Breach of Duty of Care
Robert McCarty tripped over a product display sign at a Menard’s home improvement store and then filed suit.
Immigration – Subject-matter Jurisdiction
Jurisdiction, the Supreme Court has reminded us, “is a word of many, too many meanings.” Steel Co. v. Citizens for a Better Env’t, 523 U.S. 83, 90 (1998) (quoting United States v. Vanness, 85 F.3d 661, 663 n.2 (D.C. Cir. 1996).
Weekly Case Digests – June 10, 2019 – June 14, 2019
Weekly Case Digests – June 10, 2019 – June 14, 2019
Illinois Brick Direct-Purchaser Rule
In 2007, Apple started selling iPhones. The next year, Apple launched the retail App Store, an electronic store where iPhone owners can purchase iPhone applications from Apple. Those “apps” enable iPhone owners to send messages, take photos, watch videos, buy clothes, order food, arrange transportation, purchase concert tickets, donate to charities, and the list goes on.
Qui Tam Limitation
The False Claims Act contains two limitations periods that apply to a “civil action under section 3730”—that is, an action asserting that a person presented false claims to the United States Government.
11th Amendment Violation
This case, now before us for the third time, requires us to decide whether the Constitution permits a State to be sued by a private party without its consent in the courts of a different State.
Statutory Authority – Naming & Numbering System
In 1957, the Wisconsin legislature conferred authority on counties to "establish a rural naming or numbering system in towns for the purpose of aiding in fire protection, emergency services, and civil defense."
Court Error – Eviction
This appeal raises the question of whether the circuit court properly denied Denice Morgan’s motion to redact her name from the record of this eviction action on the Wisconsin Circuit Court Access website after the eviction action was dismissed.
Divorce – Property Division and Maintenance
David Christian Ellestad appeals a judgment of divorce awarding an unequal division of property to, and indefinite maintenance in favor of, Christian’s former spouse, Jennifer Ellestad.
Abuse of Discretion – Due Process Violation
Payday Loan Resolution, LLC, William Karger, and Lauren Petruzzelli (collectively, Payday) appeal a circuit court order that affirmed an Order of the Administrator of the Wisconsin Department of Financial Institutions, Division of Banking (the Division).
OWI – Warrantless Search
Brett C. Basler appeals from a judgment of conviction for operating a motor vehicle while intoxicated (OWI), third offense, pursuant to WIS. STAT. § 346.63(1)(a).
Polls
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WLJ People
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