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Future of Obamacare at Stake as U.S. Federal Appeals Court Weighs its Constitutionality

Obamacare is the popular name given to the 2010 Affordable Care Act

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Obamacare, US Federal, Court
FILE - A Tea Party member reaches for a pamphlet titled "The Impact of Obamacare," at a "Food for Free Minds Tea Party Rally" in Littleton, New Hampshire, Oct. 27, 2012. VOA

The future of Obamacare is at stake as a U.S. federal appeals court considers whether to uphold a judge’s ruling that the entire health care reform law is unconstitutional.

Obamacare is the popular name given to the 2010 Affordable Care Act — former President Barack Obama’s crowning legislative achievement that guarantees health care for all Americans regardless of pre-existing conditions.

The three-judge 5th U.S. Circuit Court of Appeals in New Orleans will consider whether a Texas judge was right when he declared the entire ACA unconstitutional when Congress threw out the law’s mandate that anyone who qualifies for Obamacare and refuses to buy into the plan pay a tax to help offset the cost.

A coalition of 18 Democratic state attorneys general appealed the judge’s ruling.

Obamacare, US Federal, Court
The future of Obamacare is at stake as a U.S. federal appeals court considers whether to uphold a judge’s ruling. Pixabay

An appeals court ruling upholding the judge’s decision means Obamacare could wind up again before the Supreme Court, which had already upheld most of the law in 2012.

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Obamacare opponents argue the government should not interfere in the health insurance business while supporters say Obamacare guarantees millions of Americans who cannot afford private insurance can get treatment. (VOA)

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Asus ZenFone Ban Case: Asus Says it will Resolve Issue with Court, Sales Remain Unaffected

The court ordered ASUS not to sell any product which is identical or deceptively similar to the trademark ZEN and ZEN Mobile

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Asus ZenFone, Ban, Court, Sales
The supply of ASUS smartphones, notebooks and other products, as well as technical support and after-sales service for all ASUS products remain unchanged. Pixabay

After the Delhi High Court restrained ASUS from using “ZEN”, “ZENFONE” and other similar trademarks while selling mobile phones and other products eight weeks after May 28, the Taiwan-based electronics major said that the sale of its existing products remains unchanged.

The next date of hearing for the case is scheduled for July 10.

“The ASUS legal team is currently working with the Delhi High Court in India to resolve the Zen Mobiles and ZENFONE trademark lawsuit,” Company said in a statement on Thursday.

“The supply of ASUS smartphones, notebooks and other products, as well as technical support and after-sales service for all its products remain unchanged for all consumers,” it added.

Asus ZenFone, Ban, Court, Sales
The next date of hearing for the case is scheduled for July 10. Pixabay

The Justice Manmohan order came on a plea filed by Telecare Network seeking to restrain ASUS from directly or indirectly selling, offering and advertising for sale mobile phones, accessories or any other related products or any other goods under the trademark ZEN, ZENFONE or identical trademarks.

The court ordered ASUS not to sell any product which is identical or deceptively similar to the trademark ZEN and ZEN Mobile.

Telecare Network said that the marks ZEN and ZENMOBILE come under the Trade Marks Act, 1999, and have been continuously and extensively used by the company in their feature phones, smartphones, tablets and accessories since 2008.

The court said: “…the triple identity test is satisfied as the defendants (ASUS) have made use of a deceptively similar/identical trademark (ZENFONE) in relation to identical goods (mobile phones) having identical trade channels.”

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“Consequently the defendants (ASUS) having adopted a deceptively similar mark wherein the dominant part of the defendant’s mark ZENFONE is the plaintiff’s (Telecare) mark ZEN, for the same product i.e. mobile phones, shows prima facie that there is a likelihood of confusion and damage to the plaintiff’s goodwill,” it said. (IANS)