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10 Apr 2015, 6:55 am by John Elwood
John Elwood reviews Monday’s relisted cases. [read post]
1 Sep 2023, 9:11 am by Eugene Volokh
" To determine whether speech is commercial, courts are to analyze three factors: "(1) is the speech an advertisement; (2) does the speech refer to a specific product or service; and (3) does the speaker have an economic motivation for the speech. [read post]
30 Apr 2020, 9:59 am by John Elwood
” By a 2-1 vote, the U.S. [read post]
30 Jan 2017, 6:20 am by Jeff Redding
Parts 1 and 2 and 3 in this continuing series can be found here and here and here. [read post]
31 May 2012, 9:59 pm
" 9:39: Gousha brings up the John Doe investigation, and Barrett lashes into Walker for his lack of integrity. [read post]
1 Aug 2007, 4:54 am
Opposer contends that the tone does not function as at trademark, and that the tone is not inherently distinctive and has not acquired distinctiveness].Text Copyright John L. [read post]
28 Aug 2017, 6:46 pm by Caleb Skeath
  The current law limits the definition of PII to an individual’s name along with (1) a Social Security number, (2) a driver’s license or government identification card number, or (3) a credit card, debit card, or account number in combination with any required security code, access code, or password that would permit access to the individual’s financial account. [read post]
1 Sep 2014, 7:56 pm
Yanco’s testimony was plagued with numerous problems, including her failure to: (1) identify sufficient reasons or motivations to combine the asserted prior references; (2) focus on the relevant time frame of 2001; or (3) consider any objective evidence of nonobviousness. [read post]
27 Nov 2023, 7:32 am
Sections 1, 2, 3, and 45 of the Lanham Act provide the statutory basis for a refusal to register subject matter that does not function as a trademark or service mark. [read post]