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Publications

Antonio R. Sarabia II

White Collar Crime Tax Deduction Affects Victims and Prosecutors

The Internal Revenue Code allows the deduction of business expenses, but it disallows the deduction of criminal fines and penalties, even those related to one’s business. A trucking company cannot deduct parking fines and speeding citations, even if incurred during the operation of its trucks for business purposes.
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Antonio R. Sarabia II

Prison, Probation and Victim Restitution

Being a crime victim is traumatic. As a result, it is not surprising that most crime victims are dismayed to hear that a defendant is getting probation instead of being sentenced to jail or prison.
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Antonio R. Sarabia II

Survey Says – Not So Fast in Secondary Meaning Cases

In trademark cases involving a descriptive trademark which is not registered on the principal register or trade dress on products, a plaintiff must prove the trademark or trade dress has established secondary meaning in the market — i.e.. a strong reputation among customers.
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Antonio R. Sarabia II


The Genus and Species of Copyright

In Varsity v. Star Athletica, the LIS. Supreme Court addressed one of the confounding issues in copyright law: when pictorial, graphic, and sculptural works are sufficiently separate from the articles on which they are placed to qualify for copyright protection. While it is easy to see that a painting on a door or a mural on a wall may be recognized as art entitled to copyright protection without regard to the function of the door or wall, other cases are much more difficult.
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Antonio R. Sarabia II

When FTC Botches A Deal Review

While Democrats and Republicans may not agree on much. they do agree that we do not want the government interfering in the consumer market to lessen competition and hurt employees. Unfortunately. this is precisely what the Federal Trade Commission:on did when it Intervened in the recent Albertsons and Safeway merger.
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Antonio R. Sarabia II

Victim Restitution: California Lawyer

California has enacted one of the country's most sophisticated legal protocols for victim restitution. It is a complex web of constitutional provisions, statutes, and cases, and it even includes official court forms.
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Antonio R. Sarabia II

Cheerleading Uniforms and Copyright Separability

Copyright Lawyers Are Intimately Familiar with the doctrine of substantial similarity, but many never copyright law's useful article doctrine. The useful article doctrine, also known as the applied art doctrine, serves as an important public policy by preventing copyright holders from obtaining a back-door longer-term patent on a functional article while side-stepping the relatively high novelty and obviousness hurdles of patent examination.
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Antonio R. Sarabia II

Judicial Notice, A Misunderstood Tool

Litigators often reach for doctrines such as res judicata or collateral estoppel to narrow the scope of a case. Res judicata prevents re-litigation of the same claim that was litigated in a prior case.
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