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28.12.2022 от jakehumphreys Выкл

Screen Extras Guild, Inc., 526 F.2nd sixty seven, 69–70 (9th Cir.1975), that haven’t been subsumed in the lodestar calculation. Next, in acceptable circumstances, the district court docket may adjust the ‘presumptively reasonable’ lodestar determine primarily based upon the factors listed in Kerr v. Ives Labs., Inc., 456 U.S. 10 , a product characteristic is practical «if it’s important to the use or function of the article .» The Court later explained that «here [a product’s] design is practical underneath the Inwood formulation there isn’t a have to proceed further to think about if there’s a aggressive necessity.» TrafFix, 532 U.S. Jiangsu contends that alternative designs are subsumed by «competitive necessity» and therefore need not be considered. As the Supreme Court famous in Inwood Labs., Inc.

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