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20 Jun 2017, 11:25 am
I was wondering whether Tam would be to trademark law what Eldred v. [read post]
20 Jun 2017, 11:33 am
Moreover, unlike Eldred v. [read post]
24 Jul 2017, 9:30 pm
The Court’s evaluation of the constitutionality of the trademark law in Tam was also different than its approach in Eldred v. [read post]
23 Feb 2024, 1:43 pm
” (Reference is to the use of Bad Spaniels as a mark for dog toys). [read post]
2 Oct 2016, 12:11 pm
Ct. 873, 889–93 (2012); Eldred v. [read post]
30 Apr 2021, 1:31 pm
Savannah College of Art and Design Inc. 20-1391Issues: (1) Whether the scope of a federally-registered service mark extends to unrelated goods bearing that service mark; and (2) whether the defendant’s copying of a mark, without proof of consumer confusion as to the source of the parties’ goods or services, establishes trademark infringement merely because consumers recognize the mark. [read post]
12 Feb 2021, 11:43 am
Five opinions favor authors: Tasini, Eldred, Golan, Reid (WFH), and arguably Muchnick, the followup to Tasini. [read post]
16 Aug 2017, 5:59 am
To mark 230 years since that occasion, I’m posting the text of a brief talk I gave during the Center for Protection of Intellectual Property’s fourth annual fall conference October 2016 (video of the talk available here). [read post]
28 Jun 2015, 8:50 am
” Eldred v. [read post]
3 Nov 2011, 1:58 pm
This marks an excellent opportunity for the Court to reconsider its 1978 “indecent speech” decision in F.C.C. v. [read post]
15 Jul 2020, 3:00 am
Totenberg, along with Emmett Witkovsky-Eldred and Alyson Hurt, also break down opinion-writing patterns during the 2019-20 term and find that the conservative justices split among themselves more often than the liberal justices did. [read post]
13 Aug 2013, 9:30 am
Cross-posted on the Law Theories blog. [read post]
8 Nov 2023, 1:26 pm
The Court’s statement that the likely confusion test provides the only necessary protection for the First Amendment thus lacks either the explanatory apparatus it offered in Eldred or a basis in text, history, or structure. [read post]
“Copyright law serves public ends by providing individuals with an incentive to pursue private ones”
16 Mar 2015, 5:13 am
Turning back to Eldred, the majority reiterates this point, this time responding to a dissent by Justice Breyer: JUSTICE BREYER’s assertion that “copyright statutes must serve public, not private, ends,” similarly misses the mark. [read post]
1 Dec 2022, 6:43 am
To the contrary, Viacom used its own house mark MTV and the name of one of its “iconic” franchises, Shore. [read post]
13 May 2011, 1:48 pm
So there’s no Eldred v. [read post]
7 May 2018, 6:17 am
Following passage, Stanford professor and Durie Tangri partner Mark Lemley tweeted:2“House unanimously passes copyright reform act that unfortunately includes term extension for sound recording performance rights for as long as 144 years. [read post]
23 Feb 2024, 4:59 pm
But consider potential positives: Fromer/McKenna show that, b/c you need a registered mark to participate in the system, there are a lot more people registering marks than they used to be, especially small businesses. [read post]
5 Oct 2011, 7:42 pm
And then you go through that same process of all the markings that I talked about, and then you have to erase the markings and return them mark-clean to the publisher. [read post]
9 Sep 2009, 11:23 am
See Eldred v. [read post]
