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  1. 15.10 Infringement—Elements—Validity—Unregistered Marks—Distinctiveness

    ... Marks—Distinctiveness Strength as a Likelihood of Confusion Factor                In deciding whether there is ... trademark.]] T o determine if the plaintiff has met its burden of showing that [ insert claimed trademark ] is a valid ...

  2. 6.2B Entrapment by Estoppel Defense

    ... [she] did so reasonably relying upon the affirmative advice of an authorized [federal government official] [agent of the federal ... To establish this defense, the defendant has the burden to show by a preponderance of the evidence that: First, an ... more probably true than not true. This is a lesser burden of proof than the government’s burden to prove beyond a reasonable doubt each ...

  3. 5.4 Entrapment by Estoppel Defense

    ... [she] did so reasonably relying upon the affirmative advice of an authorized [federal government official] [agent of the federal ... To establish this defense, the defendant has the burden to show by a preponderance of the evidence that: ... probably true than not true.  This is a lesser burden of proof than the government’s burden to prove beyond a reasonable doubt each ...

  4. 6.5 Reasonable Doubt—Defined

    ... It may arise from a careful and impartial consideration of all the evidence, or from lack of evidence.             ... of words be used in advising the jury of the government’s burden of proof.”   Victor , 511 U.S. at 5.  ...

  5. 5.7 Duress, Coercion or Compulsion (Legal Excuse)

    ... acted under [duress] [coercion] [compulsion] at the time of the crime charged.  [Duress] [coercion] [compulsion] legally excuses the ... are more probably true than not true.  This is a lesser burden of proof than the government’s burden to prove beyond a reasonable ...

  6. 6.5 Duress, Coercion or Compulsion (Legal Excuse)

    ... acted under [duress] [coercion] [compulsion] at the time of the crime charged. [Duress] [coercion] [compulsion] legally excuses the ... prove are more probably true than not true. This is a lesser burden of proof than the government’s burden to prove beyond a reasonable ...

  7. 3.5 Reasonable Doubt—Defined

    ... It may arise from a careful and impartial consideration of all the evidence, or from lack of evidence.  If after a careful and ... of words be used in advising the jury of the government’s burden of proof.”  Id. (citing United States v. Artero , 121 F.3d ...

  8. 15.11 Infringement—Elements—Validity—Distinctiveness—Secondary Meaning

    ... If you determined in Instruction [ insert number of instruction e.g. 15.10 ] that [ identify plaintiff’s claimed ...               [The plaintiff has the burden of proving that the [ identify plaintiff’s trademark ] has ...

  9. 6.1 Alibi

    ... that the defendant was not present at the time and place of the commission of the crime charged in the indictment. The government has the burden of proving beyond a reasonable doubt the defendant was present at that ...

  10. 5.1 Alibi

    ... that the defendant was not present at the time and place of the commission of the crime charged in the indictment.   The government has the burden of proving beyond a reasonable doubt the defendant was present at that ...

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