In federal practice, it is permissible to include a request for production of documents with a notice of deposition under Rule 30(b)(2). However,...

Modifying an existing work may result in a derivative work. That derivative work may infringe the copyright of the original work. If the...

A motion to dismiss under Rule 12(b) must be filed before answering the complaint. A motion to dismiss under Rule 12(c) may be filed after...

Plaintiff Pro Se, District Court civil case

You may want to look at Pickholtz v. Rainbow Techs., 284 F.3d 1365 (Fed. Cir. 2001) which held that although Rule 37 did not authorize award of...

Hi can the following two trademarks co-exist?

I believe that the case you are referring to is Interstate Brands Corp. v. Celestial Seasonings, Inc., 576 F.2d 926 (C.C.P.A. 1978), but you have...

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If you successfully opposed a motion for summary judgment, whether the Court should strike the supporting declarations would seem to be a moot...

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I recently applied for the following trademark below, what do you guys think?

Argument by itself is unlikely to prevail on the facts you describe. The marks are nearly identical, and the examiner is likely to find the goods...

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A company in Australia infringed upon my copyright, but I didn't register the copyright in the US

You should still file an application for a US copyright registration, even if you decide to litigate in Australia. The cost of registration is...

Is it unethical for an attorney to threaten to file a motion asking for court costs if the plaintiff files an appeal?

It is not unethical. If you lose the appeal, the attorney may be awarded costs (see FRAP 39). However, if a court of appeals determines that an...

If someone had made a computer game designed around setting Jews on fire would this be considered racism or a hate crime?

A court decision regarding Ozzy Osbourne's "Suicide Solution" may be instructive here. A teenager committed suicide, apparently after listening to...