The court also concluded the royalty should be paid for 15 years from the date that an agreement between Bianco and Globus should have been reached in 2007 and that the royalty was owed on all products "not colorably
different" from those at issue in the litigation.
Reports have further added that Apple has also sought for a sales ban against 'software or code capable of implementing any infringing feature, and/or any feature not more than colorably
different therefrom'that could include newer phones and tablets.
When, if ever, could a private party colorably
allege a redressable injury-in-fact to challenge special interest spending that benefitted someone else?
They may take aggressive tax positions with respect to certain kinds of transactions or return positions that they have; but, by and large, what they are doing is, at a minimum, colorably
more than colorably
[sic] different from any of the infringing feature or
Apple wants the injunction to cover "any of the infringing products or any other product with a feature or features not more than colorably
different from any of the infringing feature or features in any of the Infringing Products," according to Reuters.
the tablet or any "product that is no more than colorably
different from this specified product and embodies any design contained in U.
As a result of the appellate court's ruling, the permanent injunction originally entered by the trial court in favor of ION on February 16, 2011, remains in effect, and Sercel and parties acting in concert with Sercel continue to be prohibited from making, using, offering to sell, selling, or importing in the United States (including territorial waters of the United States) the infringing products, and all other products that are only colorably
different from those products.
Of the documents prepared by the attorneys themselves, none were even colorably
prepared in anticipation of this or any other litigation except for the workpapers created by Davis in the course of preparing [his client's] tax returns for the years 1974 through 1978.
section][section] 1114(1), 1125(a) (2006) (imposing civil liability on anyone who reproduces, counterfeits, copies, or colorably
imitates a registered mark for a commercial use without the registrant's consent and on anyone who uses false designations of origin or misleading descriptions in connection with goods, services, or containers for goods); 17 U.
names are colorably
illegitimate because they take advantage of the
215, 222 (1995) ("[T]he spending allusion in the Taxing Clause does not even colorably
reach borrowed sums.