The Seventh Circuit upheld the injunction based on the combined similarity of the parties’ marks, goods, and channels of trade: “It’s not the fact that the parties’ trade are so similar that is decisive, nor even the fact that the products are similar (low-cost packaged food items. It is those similarities coupled with the fact that, if [Cracker Barrel] prevails in this suit, similar products with confusingly similar trade names will be sold through the same distribution channel – grocery stores, and often the same grocery stores – and advertised together.” In Judge Posner’s estimation, these similarities – despite the differences in the parties’ respective logos and regardless of where the products are located in relation to each other in grocery stores – might lead consumers to “think all the products Kraft products,” i.e., traditional forward confusion. The likelihood of … [Read more...] about Kraft v. Cracker Barrel: A Summary of Judge Posner’s Opinion and an Alternative Reverse Confusion Theory of Liability
The rare barrel
The framers of the Indian Constitution accordingly, did not consider it appropriate to continue with the jury system. No constitutional right to trial by jury was provided in the constitution unlike other countries like USA, Australia and Canada. Even the earlier statutory right to a jury trial as provided under the Code of Criminal Procedure 1898 was sought to be revisited. The first law commission of Independent India was setup in 1955 and was given the task of suggesting comprehensive reforms to judicial administration in the country including measures to be taken to secure improvements and efficient working of the jury system. The law commission carried out an indepth examination of the various pros and cons of the past functioning of the jury system in India, its merits and demerits, recorded evidence and submitted a comprehensive report i.e. the 14th report of the law commission. In its report submitted in September, 1958 the law … [Read more...] about Life And Times Of Jury System In India- A Legal Analysis
Department of CommerceCVD DelaysThe Department of Commerce announced March 9 that it is postponing its preliminary decision in the countervailing duty investigation on utility-scale wind towers from China because it has determined that the investigation is more complicated than initially determined. The preliminary determination, originally due not later than March 23, is now postponed until May 29. The agency announced the previous day that it had delayed a decision on antidumping duties for Chinese solar-cell imports following three postponements in its separate decision on countervailing duties. Though the preliminary ruling was scheduled for March 27, it will not be made on May 16. The department’s International Trade Administration is expected to issue a preliminary countervailing duty determination March 20. The Center for American Progress issued a position paper March 15 contending that while it is possible that the department could issue 100 percent tariffs, Chinese … [Read more...] about Energy and Environment Update – March 20, 2012
How is this difficulty revealed in the Gulf oil spill? Significant oil spills are fortunately not everyday occurrences, but they certainly are not unprecedented. Most lists of oil spills over the past several decades include dozens or more. Most are considerably smaller in size than the Gulf oil spill, many are comparable in size, and some are even larger. Perhaps most notable is the 1979 Ixtoc well blowout in the Gulf of Mexico that resulted in an oil spill not dissimilar in size to the recent event. Based on this history, the Gulf oil spill appears to fit our working definition of an unusual event very well. It is not a black swan, an event so rare that, as the man who popularized the term, author Nassim Nicholas Taleb, wrote "nothing in the past can convincingly point to its possibility." On the other hand, it is not an everyday event with a wealth of relevant historical data. … [Read more...] about Risk Management Lessons from the Gulf of Mexico Oil Spill. Black Swan or Black Sheep?
Having an LCP in place is all well and good, but true value-add is impossible without establishing mechanisms for effective monitoring and enforcement. The reason that Nigeria is viewed as a local content success story is that its LCP is backed by the Nigerian Content Development and Monitoring Board (“NCDMB”) which is mandated to oversee, monitor and implement the provisions of the NCDA. The NCDMB has proven that, where necessary, it will wield its power to ensure compliance with the OGICDA. Earlier this year, it banned Hyundai Heavy Industries from participating in Nigeria’s petroleum industry until it started complying with the requirements of the NCDA with regards to the employment of local personnel. Ghana has followed Nigeria’s example in establishing its own “Local Content Committee”, mandated to monitor and coordinate all aspects of the implementation of Ghana’s 2013 Regulation. Tanzania’s 2013 Local Content Policy similarly … [Read more...] about Understanding Local Content Policies in Africa’s Petroleum Sector