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... the sign of which it is composed, as distinct from the goods or services of other undertakings." "It is essential, in the light of the number of marks that are registered and the conflicts that are likely to arise between them, to maintain the rights conferred by a mark ... distributed with the aim of penetrating the market for goods in the same class. Under those circumstances, affixing the mark to those items does not contribute to creating an outlet for those items or to distinguishing, in the ...

... do not provide clear answers to the relevant constitutional questions. The central argument in Part I of the sacred Dred Scott book is that the arguments made by the justices in the majority were, as a matter of legal craft, as constitutionally plausible as ... of justice and which are likely to preserve the public peace (a central theme of the last section of the Dred Scott book). I should note in light of a discussion going on in the comments section that, as is the case with a high percentage of ...

... orders transfer of domain name <mastercreditcard.com> to MasterCard, finding that "Complainant's mark is well known worldwide." MasterCard International v. Bankrate, Case No. D2008-0704 (WIPO, July 29, 2008)(Donahey, M. Scott). The Panel also states: Respondent registered the mark at issue at a time when Complainant's mark had ... wide fame, and Respondent could not have been unaware of Complainant's mark. Respondent used the domain name at issue to resolve to a web site on which links to ...

This post discusses insider trading law and the specific claims contained in the complaint against Mark Cuban. The SEC alleged that Cuban violated 10b of the Exchange Act and Rule 10b-5 by selling his entire holding of stock in Mamma.com while he possessed material, non-public information. For discussion of the complaint, go here. Generally, two theories exist for finding liability for insider trading: the classical theory, and the misappropriation theory. Under the classical theory, a defendant ...

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... article, Thirteen Ways of Looking at Dred Scott. And, of course, there is Mark Graber's magnificent book on Dred Scott and the Problem of Constitutional Evil. The Chief Justice would be well advised to spend some of his summer vacation reading Mark's book, so perhaps he would no so foolishly argue ... reading of the Constitution." What Roberts is doing is simply conveying the "judges on a rampage" view of Dred Scott, which allows us, among other things, to avoid coming to terms with the possibilty ...

Uninsured/Underinsured Bad Faith RECOVERABLE DAMAGES AGAINST AN INSURER IN A SUBSEQUENT BAD FAITH ACTION By Scott A. Marks THIS IS EXCERPT ONE FROM A LECTURE ON INSURANCE COMPANY BAD FAITH GIVEN BY ATTORNEY SCOTT MARKS For more information on ... , humiliation and frustration is sufficient to support an award for emotional distress damages The Los Angeles Personal injury lawyers of The Marks Law Firm Specialize in Representing Those Experiencing Insurance Company Bad Faith Problems. Mr. Marks has ...

... no wonder that the board wanted to find a new master gardener. Enter Mark Baker, who will become Scotts President and Chief Operating Officer on October 1, 2008. ... bonus" of $850K, and "lump-sum relocation benefits" of $500K.) Prior to joining Scotts, Baker worked as an executive for Gander Mountain Company (GMTN) and - before that - Home ... doesn't solely reflect the talents of its top executives, it's understandable if Scotts' shareholders watch the company's future performance carefully. Let's hope ...

... tarring other opinions they don't like by comparing them to Dred Scott. So pro-life people attack Roe v. Wade on the grounds that Taney ... know more about the good, the bad and the ugly in Dred Scott, feel free to read the entire article (as well as fellow blogger Mark Graber's excellent new book ... Exhibit A in the constitutional anti-canon, it is easy enough to find objectionable features in Dred Scott. But a remarkable characteristic of even the worst legal arguments is that they are often Janus- ...

This week marks the 150th anniversary of the Supreme Court's decision in Dred Scott v. Sandford. Sandy Levinson and I have just submitted a draft of our new article on the Dred Scott case to ... constitutional evil and the question whether responsibility for great injustices lies in the Constitution itself or in the judges who apply it. Finally, Dred Scott encapsulates the central problems of judicial review in a constitutional democracy. One the one hand, Dred Scott raises perennial questions about ...