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24 Feb 2024, 1:10 pm by Rebecca Tushnet
Amazon is used for more product search than Google. [read post]
23 Feb 2024, 1:43 pm by Rebecca Tushnet
Use expressio unis to get at the fact that the noncommercial use holding is limited to situations where the challenged use is “used as a mark for a commercial product”; the term noncommercial use can reasonably include uses as a mark for political speech—Robert Kennedy, Jr., is using his father’s famous name to promote himself politically (also highlighting the importance of small differences when it comes to… [read post]
24 Feb 2023, 4:39 pm by Rebecca Tushnet
Burrell: technically in the UK, passing off requires deception, and it hasn’t made one iota of difference, so don’t look there! [read post]
17 Oct 2022, 7:56 am by Anna Bower
 Though special purpose grand juries empaneled in Georgia have primarily been used to investigate public corruption, they are useful vehicles to investigate organized criminal activity or other complex issues of inquiry. [read post]
25 Jun 2022, 4:02 am by Rebecca Tushnet
Robert Burrell: heritage brand cases in Australia, some of which produce really undesirable results. [read post]
24 Jun 2022, 4:36 am by Rebecca Tushnet
Relationship to use as a trademark; symmetry b/t types of use that might allow acquisition of rights v. types of use that might infringe? [read post]
23 Mar 2021, 2:13 pm by Hayleigh Bosher
Image: Devon D'EwartPart V: Copyright Exceptions and TechnologyThis final part, consists of only one chapter, which is a shame as such an interesting topic could have benefited from further perspectives. [read post]
18 Dec 2020, 10:55 am by Hayleigh Bosher
Turning to functionality, Arnold provides a detailed account of the law from Navitaire v EasyJet, Nova v Mazooma and of course SAS v WPL. [read post]
2 Mar 2020, 10:15 am by Rebecca Tushnet
Estimable v. irreparable seems like another axis worth thinking about, as does discrete v. ongoing behavior. [read post]
2 Mar 2020, 10:14 am by Rebecca Tushnet
Surveys, testimony, observing online behavior are all different sources of empirical evidence: searches originating on Amazon v. searches originating on Google. [read post]
27 Oct 2019, 5:08 pm by INFORRM
Meanwhile, the Guardian has reported that Paul Burrell and James Hewitt have issued phone hacking claims against the Mirror newspapers. [read post]
15 Apr 2019, 6:22 am by Rebecca Tushnet
  Consider Milstein v. [read post]