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15 Apr 2019, 6:22 am by Rebecca Tushnet
  Consider Milstein v. [read post]
12 Apr 2019, 2:50 pm by Rebecca Tushnet
If we’re worried about anticompetitive effects of product trade dress protection and we know other marks are available, we may tilt in favor of narrowing market definition.If we cared more about commercial morality, market definition would be less important. [read post]
29 Mar 2019, 7:59 am by Eric Goldman
Worse for Comphy, the court characterizes the Comphy word mark as descriptive and not commercially strong because the word mark isn’t heavily advertised to consumers. [read post]
13 Mar 2019, 3:55 am by Edith Roberts
” At NBC News, Pete Williams looks at Iancu v. [read post]
25 Feb 2019, 6:51 am by Eric Goldman
I expect we’ll see a steady stream of empirical studies confirming that dynamic. [read post]
25 Feb 2019, 6:49 am by Lisa Ouellette
For example, Figure 1 illustrates how transformative use has cannibalized fair use doctrine since the 1994 Campbell v. [read post]
14 Dec 2018, 7:16 pm
This is especially important in the context of commercial law in the 40 years since the start of the Reform and Opening Up Era. [read post]
5 Dec 2018, 4:44 am by Edith Roberts
AFSCME[:] The case, Uradnik v. [read post]
13 Nov 2018, 4:01 am by Edith Roberts
Cougar Den Inc., which asks whether an 1855 treaty exempts members of an Indian tribe from taxes on certain off-reservation commercial activities, and Jam v. [read post]
1 Nov 2018, 4:24 am by Edith Roberts
Yesterday the justices heard oral argument in Frank v. [read post]
25 Oct 2018, 4:29 am by Edith Roberts
” At Lawfare, Ingrid Wuerth cautions that, when the court decides Jam v. [read post]
1 Aug 2018, 3:25 am by David Kopel
A new kind of democratic, middle‑class, commercial‑minded frontier had arrived on the borders of the Spanish Southwest. [read post]
30 Jul 2018, 10:44 am by Lisa Ouellette
(Great paper, summarized here.)Breakout 1 – History: IP and InnovationRebecca Curtin – John Locke's commercial dealings with publishers illustrate diverse transactional tools and emerging sense of authors' rights. [read post]