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3 Jan 2018, 2:52 am
The defendant appealed and argued that the proceeds from the five different thefts should not have been aggregated to get over the $1,000,000 mark, and therefore the defendant could not legally have been guilty of Grand Larceny in the First Degree. [read post]
23 Dec 2017, 9:25 am
The government conceded this but argued a form of intermediate scrutiny as set forth in the seminal Supreme Court case Central Hudson should apply because trademarks derive from a federal subsidy, involve a limited forum, and constitute commercial speech – arguments largely rejected in Tam. [read post]
20 Dec 2017, 1:48 pm
Nor does registration make a scandalous mark more accessible to children. [read post]
19 Dec 2017, 3:15 am
" Evidence of applicant's use of the mark buttressed the Board's finding of a link between the mark and the word "fuck. [read post]
15 Dec 2017, 7:25 pm
SThe matter of inconsistency arose:Finally, no matter the government’s interest, it cannotmeet the fourth prong of Central Hudson. [read post]
15 Dec 2017, 1:55 pm
See Central Hudson Gas & Elec. [read post]
25 Nov 2017, 8:38 pm
In re Hudson, at 654. [read post]
10 Nov 2017, 4:25 am
Here is the debate, as set forth in MidH-Hudson Val. [read post]
13 Oct 2017, 7:23 pm
The state did not report whether the recalled cheese is marked with any date codes. [read post]
2 Oct 2017, 9:47 am
The illumination locations include the Oklahoma City Skydance Bridge, Niagara Falls, the Mid-Hudson Bridge in New York, Vancouver City Hall in British Columbia, Toronto City Hall Towers and Calgary Stadium in Alberta, Canada to name a few. [read post]
29 Aug 2017, 8:28 am
Hudson Jr. has an article headlined "Stifling Speech: Government invokes doctrine to silence expression it doesn't like. [read post]
22 Aug 2017, 7:45 am
” Groh, 540 U.S. at 561 (internal quotation marks omitted). [read post]
11 Aug 2017, 9:33 am
Sessions is now seeking to make his mark on the sentencing commission. [read post]
18 Jul 2017, 1:08 am
Justice Alito concluded that the clause fails the Central Hudson scrutiny on the outset. [read post]
13 Jul 2017, 8:52 pm
Many other news organizations hedged a bit, attaching a question mark to the term. [read post]
6 Jul 2017, 8:37 pm
New Jersey: Hudson Attorney Files Ethics Complaint Against Christie Over ‘Beachgate’Newark Star-Ledger – Michaelangelo Conte (Jersey Journal) | Published: 7/6/2017 A complaint was filed against New Jersey Gov. [read post]
6 Jul 2017, 9:41 am
The Court considered whether trademarks are commercial speech because at least some of the justices held the opinion that the Government’s regulation of trademarks would be subject to the more relaxed scrutiny described in Central Hudson Gas & Elec. [read post]
28 Jun 2017, 7:32 am
The USPTO has made it clear that its registration of a mark does not mean it approves of the mark. [read post]
22 Jun 2017, 9:41 am
As a reuslt, trademark applicants who previously were unable to obtain registrations of marks with profanity in them or marks with sexual innuendoes now likely will be able to obtain such registrations. [read post]
20 Jun 2017, 12:46 pm
A trademark examiner refused the application on the basis that the mark disparaged persons of Asian descent and thus violated § 2a of the Lanham Act. [read post]
