They recently posted regarding Rhoades v. Avon Products, Inc., case no. 05-56047 (9th Cir. Oct. 15, 2007), which applied Federal Rule of Evidence 408 in a trademark declaratory relief action. Issue: Whether a letter from counsel proposing settlement of a trademark dispute (and containing threats of litigation absent settlement) can be admitted to establish that a plaintiff seeking a declaratory judgment of non-infringement of the sender’s trademark has the requisite “real and reasonable apprehension that it would be subject to liability” if it continued to manufacture its product. Check ’em out.
By the way, I discovered Evidence Prof Blog by following one of the links in the feed in the right sidebar of this blog titled “Blogosphere Coverage of he Ninth Circuit.” It pays to check some of those posts out once in a while.