Legal Audio Opinions and Courtroom Video - LexisNexis Courtroom Cast

Web Name: Legal Audio Opinions and Courtroom Video - LexisNexis Courtroom Cast

WebSite: http://courtroomcast.lexisnexis.com

ID:80119

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Opinions,and,Legal,

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Featured Audio Opinion Yankee Candle Company, Inc. v. Bridgewater Candle Company, LLCUnited States Court of Appeals for the First CircuitBrief Fact SummaryYankee Candle Company claimed that Bridgewater candle Candle Company infringed Yankee's trade dress by copying their method of shelving, by copying the overall look and feel of a line of candles, and by copying the design of Yankee's merchandising catalog.Rule of Law and HoldingDetachable labels, as product packaging, may be inherently distinctive. . . . A trade dress plaintiff seeking to protect a series or line of products faces a particularly difficult challenge, as it must show that the appearance of the several products is "sufficiently distinct and unique to merit protection." Proof of secondary meaning requires evidence that consumers associate the trade dress with the source.TopicsTrademark - DistinctivenessSearch all Audio Opinions Featured Trial VideoPryde v. Virginia TechTrial in Montgomery County, VADescriptionThis five day jury trial suit accuses University officials of gross negligence for not immediately warning students of two shootings that occurred in a dormitory at 7:15 am on the day of the school's mass shootings. By the time the school sent out an email alerting the campus of the shooting incident, two hours later, student gunman Seung-Hui Cho had already chained the doors shut to Norris Hall and killed 30 others and himself.Practice AreaNegligenceIndustryEducationBrowse the Video Archive Featured TrainingClip Trust Company of the West v. Jeffery Gundlach, et al.Library: EvidenceClip AnalysisThe attorney lays a foundation for the admission ofa conversation into evidence and authenticates its contents before the jury.The attorney is then able to ask the witness to testify as to the contents ofthe conversation, which he does effectively. This clip also serves as anexample of FRE 803(3). The conversations admitted into evidence are out ofcourt statements that are being offered by counsel to prove the truth of thematters they assert. However, the attorney is careful to pick out thestatements that speak to the witness's state of mind and thus, eliminates anypossibility for a FRE 803 hearsay objection.FRE Article8: HearsayRule803(3): Then-Existing ConditionGo to the Training Library

TAGS:Opinions and Legal 

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