Is the defendant in direct competition with a product or service offered by the plaintiff?
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Fourth, the defendant is in direct competition with a product or service at issue offered by the plaintiff.
FORBES: The Internet Age And The "Hot News" Doctrine Converge
The platform will be in direct competition with almost all of the major PaaS offerings out there today.
The Amazon Cloud Player is in direct competition with the Apple iTunes service.
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This offering puts Symantec in direct competition with VMware, a pioneer in virtualization who has its own BYOD offerings.
Entering this space puts Chipotle in direct competition with Pei Wei stores, Panda Express stores and Pick Up Stix stores.
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The deal puts the company in direct competition with Fusion-io and others that target Big Data customers like Google, Facebook, eBay and Amazon.
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Our trade policy has been explicitly designed to put our manufacturing workers in direct competition with lower paid counterparts in the developing world.
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It claimed that Arthur Andersen had broken the partnership agreement by setting up a consulting division in direct competition with its former associates.
Could Facebook Credits ever be used to buy real goods, putting it in direct competition with the likes of Amazon, PayPal and eBay?
To add to Boeing's discomfort, Airbus announced in December that it would introduce the A350 in direct competition with the Dreamliner, offering much the same specifications.
Together the two announcements pitch Nokia in direct competition with Microsoft, which has declared its aim of cornering a significant share of the phone market for itself.
Schiltz says Symform has received numerous unsolicited calls from application developers who want to buy storage in bulk, which would put the company in direct competition with Amazon S3.
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Orange, the mobile brand of France Telecom, launched a global free calling and texting application on Thursday, in direct competition with services such as Skype, WhatsApp and Viber.
The timing of the Lumia launch will however put Nokia in direct competition with a host of popular smartphones such as the iPhone 5 and the Galaxy Note II.
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Going with Android would have put Nokia in direct competition with not only Samsung and HTC, but also Sony, LG and a horde of handset manufacturers in the emerging markets.
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Tim makes his living writing books, but he tells people how to promote their books books that could be in direct competition with his and threaten his position on bestseller lists.
Brownell left his cushy job as chief technology officer at Goldman Sachs to launch a startup that sells costly, hard-to-explain computers in direct competition with IBM, Hewlett-Packard and Sun Microsystems.
The brand focuses primarily on coffee and coffee based drinks and with this move, it places McCafe in direct competition with Starbucks, Second Cup, Coffee Time and Tim Hortons.
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Mr Clark says the store's expansion, which will increase non-food floorspace to more than 2600 sq m (27, 986 sq ft), will put Sainsbury's in direct competition with a number of town centre shops.
As a scrum-half, Samson acknowledges starting opportunities could be scarce because he will be in direct competition with Mike Blair, but he says he is looking forward to learning at the shoulder of the Scotland captain.
The NBA and NHL seasons are in direct competition with each other on the calendar, and the demographics and socioeconomic background of the fans that actually attend games are not altogether as different as one might presume.
Poland's strength is in the same low- to medium-technology goods, such as furniture, shoes and processed foods, as those produced in struggling Greece, Portugal and Italy, putting Poland in direct competition with countries the euro zone is fighting to save.
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So does Bombardier: the aircraft it would like to sell to Felix, and to airlines the world over, is the CSeries (pictured), a larger medium-haul jet that will take the planemaker into a bigger and potentially more profitable market, putting it in direct competition with Boeing and Airbus.
That will put HP in more direct competition with IBM for value-added services.
If eBay and Amazon can deliver products within a day, it puts them in more direct competition with drugstores, supermarkets and home improvement retailers.
This will put Merck in direct competition both with generics firms, such as Teva of Israel, and with biotech giants, such as Amgen, which make the expensive products that biosimilars hope to replace.
Google has responded by launching Google Plus, in a direct head-on competition with Facebook.
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Google is in the process of completing its acquisition of Motorola Mobility Holdings , which will push it even more into the smartphone sector, where its Android operating system has been successful, and will put Google in even closer, more direct competition with Apple .
When men are involved in direct competition, their testosterone levels rise with wins and fall with losses, and this may carry over to strong identification with a team.
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