Facebook, Inc. V. StudiVZ Ltd.
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Facebook, Inc. V. StudiVZ Ltd.
''Facebook, Inc. v. StudiVZ Ltd.'' was a federal lawsuit filed on July 18, 2008, by Facebook, Inc. in the United States District Court for the Northern District of California against StudiVZ Ltd., a UK company with its principal place of business in Germany. StudiVZ had launched a website which was alleged to be visually and functionally similar to Facebook's site. Facebook filed a similar lawsuit the same day in the German regional court of Stuttgart and an additional related lawsuit on November 19, 2008, in the German regional court of Cologne. In May 2009 the District Court in California issued an order indicating its view that Germany was the more appropriate forum for the dispute, but withheld issuing a final order on the question until further review of the issues of personal jurisdiction could be addressed. The parties subsequently settled the California case, but continued the litigation in Germany in which the regional court of Cologne held that StudiVZ did not viola ...
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United States District Court For The Northern District Of California
The United States District Court for the Northern District of California (in case citations, N.D. Cal.) is the federal United States district court whose jurisdiction comprises the following counties of California: Alameda, Contra Costa, Del Norte, Humboldt, Lake, Marin, Mendocino, Monterey, Napa, San Benito, San Francisco, San Mateo, Santa Clara, Santa Cruz, and Sonoma. The court hears cases in its courtrooms in Eureka, Oakland, San Francisco, and San Jose. It is headquartered in San Francisco. Cases from the Northern District of California are appealed to the United States Court of Appeals for the Ninth Circuit (except for patent claims and claims against the U.S. government under the Tucker Act, which are appealed to the Federal Circuit). Because it covers San Francisco and Silicon Valley, the Northern District of California has become known as the presumptive destination for major federal lawsuits (such as large class actions and multi-district litigation) involv ...
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Berlin
Berlin ( , ) is the capital and largest city of Germany by both area and population. Its 3.7 million inhabitants make it the European Union's most populous city, according to population within city limits. One of Germany's sixteen constituent states, Berlin is surrounded by the State of Brandenburg and contiguous with Potsdam, Brandenburg's capital. Berlin's urban area, which has a population of around 4.5 million, is the second most populous urban area in Germany after the Ruhr. The Berlin-Brandenburg capital region has around 6.2 million inhabitants and is Germany's third-largest metropolitan region after the Rhine-Ruhr and Rhine-Main regions. Berlin straddles the banks of the Spree, which flows into the Havel (a tributary of the Elbe) in the western borough of Spandau. Among the city's main topographical features are the many lakes in the western and southeastern boroughs formed by the Spree, Havel and Dahme, the largest of which is Lake Müggelsee. Due to its l ...
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Unfair Competition
Unfair may refer to: * Double Taz and Double LeBron James in multiverses ''fair''; unfairness or injustice * ''Unfair'' (drama), Japanese television series * '' Unfair: The Movie'' * Unfair (song), a song by South Korean boy group EXO {{Disambig ...
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Lanham Act
The Lanham (Trademark) Act (, codified at et seq. () is the primary federal trademark statute of law in the United States. The Act prohibits a number of activities, including trademark infringement, trademark dilution, and false advertising. History Named for Representative Fritz G. Lanham of Texas, the Act was passed on July 5, 1946, and signed into law by President Harry Truman, taking effect "one year from its enactment", on July 6, 1947. In rare circumstances, a conflict will arise between trademarks that have been in use since before the Lanham Act went into effect, thus requiring the courts to examine the dispute according to the trademark act that existed before the Lanham Act. The Act has been amended several times since its enactment. Its impact was significantly enhanced by the Trademark Counterfeiting Act of 1984, which made the intentional use of a counterfeit trademark or the unauthorized use of a counterfeit trademark an offense under Title 18 of the United Sta ...
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Choice-of-law
Choice of law is a procedural stage in the litigation of a case involving the conflict of laws when it is necessary to reconcile the differences between the laws of different legal jurisdictions, such as sovereign states, federated states (as in the US), or provinces. The outcome of this process is potentially to require the courts of one jurisdiction to apply the law of a different jurisdiction in lawsuits arising from, say, family law, tort, or contract. The law which is applied is sometimes referred to as the " proper law." Dépeçage is an issue within choice of law. Sequence of events in conflict cases in Common Law jurisdictions # Jurisdiction. The court selected by the plaintiff must decide both whether it has the jurisdiction to hear the case and, if it has, whether another forum is more suitable (the '' forum non conveniens'' issue relates to the problem of forum shopping) for the disposition of the case. Naturally, a plaintiff with appropriate knowledge and f ...
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Breach Of Contract
Breach of contract is a legal cause of action and a type of civil wrong, in which a binding agreement or bargained-for exchange is not honored by one or more of the parties to the contract by non-performance or interference with the other party's performance. Breach occurs when a party to a contract fails to fulfill its obligation(s), whether partially or wholly, as described in the contract, or communicates an intent to fail the obligation or otherwise appears not to be able to perform its obligation under the contract. Where there is breach of contract, the resulting damages have to be paid to the aggrieved party by the party breaching the contract. If a contract is rescinded, parties are legally allowed to undo the work unless doing so would directly charge the other party at that exact time. It is important to bear in mind that contract law is not the same from country to country. Each country has its own independent, freestanding law of contract. Therefore, it makes sense ...
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Trademark Infringement
Trademark infringement is a violation of the exclusive rights attached to a trademark without the authorization of the trademark owner or any licensees (provided that such authorization was within the scope of the licence). Infringement may occur when one party, the "infringer", uses a trademark which is identical or confusingly similar to a trademark owned by another party, in relation to products or services which are identical or similar to the products or services which the registration covers. An owner of a trademark may commence civil legal proceedings against a party which infringes its registered trademark. In the United States, the Trademark Counterfeiting Act of 1984 criminalized the intentional trade in counterfeit goods and services. If the respective marks and products or services are entirely dissimilar, trademark infringement may still be established if the registered mark is well known pursuant to the Paris Convention. In the United States, a cause of action ...
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Trade Dress
Trade dress is the characteristics of the visual appearance of a product or its packaging (or even the design of a building) that signify the source of the product to consumers. Trade dress is an aspect of trademark law, which is a form of intellectual property protection law. Overview Trade dress is an extension of trademark protection to " e design and shape of the materials in which a product is packaged, rimarily 'Product configuration,' the design and shape of the product itself, may also be considered a form of trade dress." Product configuration applies particularly to situations where the product can be seen within the packaging (''e.g.'' a toy car sold in packaging that operates as a shadow box for commercial display within—the collective look it creates is trade dress), or where the packaging is part of the product (''e.g.'' the bottle of a soft drink, along with its visible contents, are trade dress, though the bottle is actually part of the product that retains i ...
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California Penal Code
The Penal Code of California forms the basis for the application of most criminal law, criminal procedure, penal institutions, and the execution of sentences, among other things, in the American state of California. It was originally enacted in 1872 as one of the original four California Codes, and has been substantially amended and revised since then. The entirety of the Penal Code is available for free aleginfo.legislature.ca.gov/faces/codesTOCSelected.xhtml?tocCode=PEN History The Penal Code enacted by the California State Legislature in February 1872 was derived from a penal code proposed by the New York code commission in 1865 which is frequently called the Field Penal Code after the most prominent of the code commissioners, David Dudley Field II (who did draft the commission's other proposed codes). The actual drafter of the New York penal code was commissioner William Curtis Noyes, a former prosecutor. New York belatedly enacted the Field Penal Code in 1881. Prior t ...
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Greenberg Glusker
Greenberg is a surname common in North America, with anglicized spelling of the German Grünberg (''green mountain'') or the Jewish Ashkenazi Yiddish Grinberg, an artificial surname.Beider, Alexander (1993). ''A Dictionary of Jewish Surnames from the Russian Empire''. Teaneck: Avotaynu, pages 53–57. Notable people with the surname Greenberg include: A–D * Abraham Greenberg (1881–1941), New York politician * Adam Greenberg (other), several people * Aharon-Ya'akov Greenberg (1900–1963), Israeli politician * Alan Greenberg (other), several people * Albert Greenberg, American software engineer * Allan Greenberg (born 1938), American new classical architect * Andrew Greenberg, American video game designer * Andrew C. Greenberg (born 1957), video game designer * Ari Greenberg (born 1981), American bridge player * Bernard Greenberg, American programmer and computer scientist * Brad Greenberg (born 1954), American basketball coach, brother of Seth Gr ...
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Orrick, Herrington & Sutcliffe
Orrick is an international law firm founded in San Francisco, California. The firm advises on transactions, litigation and regulatory matters for venture-backed companies, public companies, E&I funds, financial institutions and governments. History Founded in San Francisco in 1863, Orrick earliest work included funding the Golden Gate Bridge construction, shaping the California Corporate Securities Act and the first offerings under the Securities Act of 1933, and litigating over hydroelectric power and water development rights in the Lake Tahoe region. In the 1980s, the firm began expanding outside of the Bay Area, establishing offices in New York and Los Angeles. By the late 1990s, it opened its first international offices in Tokyo and London and Paris followed in 2002. Additionally, in 2002, Orrick opened its “Global Operations Center” in Wheeling, WV. Orrick acquired 40 lawyers and their litigation practices from Donovan, Leisure, Newton & Irvine in 1998. In 2003, the ...
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Julio Avalos
Julio is the Spanish equivalent of the month July and may refer to: * Julio (given name) * Julio (surname) * Júlio de Castilhos, a municipality of the western part of the state of Rio Grande do Sul, Brazil * ''Julio'' (album), a 1983 compilation album by Julio Iglesias *Julio, a character in '' Romiette and Julio'' by Sharon M. Draper Other * Don Julio, a brand of tequila produced in Mexico * Hurricane Julio, a list of storms named Julio * Jules * ''Julie-O'', musical work for solo cello by Mark Summer * Julio 204 or JULIO 204, one of the first graffiti writers in New York City *Julio-Claudian dynasty, the first five Roman Emperors: Augustus, Tiberius, Caligula (also known as Gaius), Claudius, and Nero * Julius (other) The gens Julia (''gēns Iūlia'', ) was one of the most prominent patrician families in ancient Rome. Members of the gens attained the highest dignities of the state in the earliest times of the Republic. The first of the family to obtain the c ...< ...
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