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15 Mar 2024, 3:17 am by Rob Robinson
Antitrust enforcers from the Department of Justice (DOJ) and the Federal Trade Commission (FTC) are intensifying their scrutiny of algorithm-related collusion, propelled by cases such as RealPage and McKenna Duffy v. [read post]
24 Feb 2024, 1:10 pm by Rebecca Tushnet
Affecting TM law (as set forth in new paper with Mark McKenna, which is excellent). [read post]
23 Feb 2024, 1:43 pm by Rebecca Tushnet
Mark McKenna: TM is a creature of common-law courts and we don’t live in that world any more. [read post]
16 Feb 2024, 12:13 pm by Rebecca Tushnet
As Mark McKenna has elaborated, there’s a distinct class of acts that constitute unfair competition that we could easily read as part of 43(a). [read post]
10 Nov 2023, 6:22 am by Andrew Lavoott Bluestone
Defendants thereafter moved pursuant to CPLR 321l(a)(l)and (a)(7) for an order dismissing plaintiffs complaint, and by Decision and Order,dated May 2, 2023, this court granted defendants’ motion (NYSCEF # 61). [read post]
3 Aug 2023, 11:05 am by Rebecca Tushnet
McKenna: and the reverse, where they register narrowly but claim broadly. [read post]
1 Jun 2023, 11:25 am by Michael Oykhman
If the reasonable person or sane/sober person acts in a way that has predictable consequences, then the trier of fact may infer that the person intended to cause those consequences (see: R v Seymour, 1996 CanLII 201 (SCC), [1996] 2 SCR 252). [read post]
24 Feb 2023, 4:39 pm by Rebecca Tushnet
 Session 2:        Responding to Anachronisms Introduction:   Mike Grynberg VIP may tell us a lot about what the potentials are. [read post]