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The report cites public comments made by Trump adviser Steve Bannnon that if Trump lost the election “He’s just gonna say he’s a winner,” as well as from longtime Trump confidant Roger Stone, who politely told associates that in the event of unfavorable results, “the key thing to do is claim victory…. [read post]
21 Dec 2022, 3:52 am by Emma Snell
Katie Rogers reports for the New York Times. [read post]
20 Dec 2022, 12:46 pm by Rebecca Tushnet
A newscaster’s voice plays over the scene, stating “it’s the stunt every four-wheeler rider wants to master. [read post]
9 Dec 2022, 1:25 pm by William Appleton
District Court Judge Aileen Cannon’s appointment of a special master to oversee the review of documents seized from former President Trump’s Mar-a-Lago residence, and more: Roger Parloff discussed an appeal of a district court ruling which dismissed charges of alleged corrupt obstruction of an official proceeding brought against three Jan. 6 defendants and the impact the case could have on other Jan. 6 prosecutions if the appellate court upholds the district… [read post]
7 Dec 2022, 10:47 am by Felicia Boyd (US)
No. 22-148 (Aug. 5, 2022). [3] Id. [4] The Rogers test states that expressive works may use another’s trademark unless (i) the mark has no artistic relevance to the underlying work; or (ii) use of the mark is explicitly misleading. [read post]
7 Dec 2022, 10:47 am by Felicia Boyd (US)
No. 22-148 (Aug. 5, 2022). [3] Id. [4] The Rogers test states that expressive works may use another’s trademark unless (i) the mark has no artistic relevance to the underlying work; or (ii) use of the mark is explicitly misleading. [read post]
In the Ninth Circuit, the Rogers test requires the plaintiff to show that the defendant’s use of the mark is either (1) not artistically relevant to the underlying work or (2) explicitly misleads consumers as to the source or content of the work. [read post]
6 Dec 2022, 3:45 am by Kyle Hulehan
The cigarette taxes in America’s third-largest city are the highest in the county. [read post]
2 Dec 2022, 6:00 am by Terry Hart
Canada’s Federal Court Grants NHL Pirate Streaming Blockade for 22/23 Season — “Bell, Rogers, and other copyright holders have obtained a new piracy-blocking order at Canada’s Federal Court. [read post]
2 Dec 2022, 3:00 am by Jim Sedor
Diana Harshbarger’s campaign account in an “unauthorized fraudulent wire transfer” in July. [read post]
30 Nov 2022, 10:04 am by Luke T. Mohrhauser
The landmark case for balancing trademark and First Amendment rights is the Second Circuit’s decision in Rogers v. [read post]
22 Nov 2022, 6:50 am by jonathanturley
In fact, in the seven cases in which the Ninth Circuit has applied the Rogers test, it has never once found a mark irrelevant to a junior use. [read post]
14 Nov 2022, 2:18 pm by Florian Mueller
But this is a complex case and various factual findings--as Apple's counsel, Weil's Mark Perry stressed (though he may have overstated it in part)--were against Epic, and Epic is not appealing any factual findings here as clearly erroneous. [read post]
14 Nov 2022, 10:09 am by Eugene Volokh
Punchbowl's suggestion that, under Rogers, news and opinion should be treated differently from "creative" works, finds no support in our cases. [read post]
11 Nov 2022, 3:00 am by Jim Sedor
How Trump’s Bogus Election Day Claims Broke Through Facebook and Twitter Bans MSN – Mark Scott (Politico) | Published: 11/9/2022 Donald Trump spent Election Day posting unfounded allegations on his own Truth Social platform, as well as on the encrypted messenger Telegram. [read post]
10 Nov 2022, 5:12 am by Asha Rangappa
The sources made several conclusive claims, including that “there was no grand scheme with Roger Stone and Alex Jones to storm the Capitol and take hostages” and that there was “no evidence” that the Oath Keepers and Proud Boys had “serious” plans for what to do if they made it inside the facility. [read post]