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15 May 2017, 10:08 am
Tecle, supra.The Court of Appeals went on to point out that[w]hen denial of a defendant's motion for a judgment of acquittal `centers on the meaning of the statute defining the offense,’ we review the interpretation of the statute for legal error.. [read post]
16 Apr 2017, 7:27 pm by Kelly Phillips Erb
If you’re wondering whether you can claim wardrobe expenses or whether to deduct a capital loss, you won’t want to miss it. [read post]
23 Mar 2017, 3:02 pm by Rebecca Tushnet
My obsession w/the consumer who does not know enough to ask, to borrow from the Passover Seder: that is likely to be a big component, and thus particularly hard to test b/c answers so easily distorted when there’s no preexisting opinion. [read post]
23 Mar 2017, 10:31 am by Rebecca Tushnet
  [Though see KP Permanent/Sealed w/a Kiss case—that’s a risk the D took when it adopted a descriptive mark.]Beebe: Seabrooktest is a “distinctiveness from others” test that ultimately is used to answer “distinctive to consumers” question.Jeanne Fromer: We conflate inherent/acquired distinctiveness in many circumstances, but the concepts are distinct. [read post]
14 Mar 2017, 6:01 pm by Bill Marler
Interestingly, she links to a 1997 memo that recommended FDA re-examine its 60-day aging process for hard cheeses made from raw milk. [read post]
10 Feb 2017, 9:39 am by Rebecca Tushnet
  IP creativity literature has adopted a motivation model or a cultural conditions model. [read post]
19 Jan 2017, 4:11 pm by INFORRM
In April 2013, Mr McCloskey re-published on a page he’d created (Keeping Our Kids Safe from Predators II) a news article published at the time of CG’s conviction. [read post]
6 Jan 2017, 6:28 am
`[W]e will defer to the district court unless no reasonable person could adopt its view. [read post]
14 Nov 2016, 6:51 am by Rebecca Tushnet
W/in national system, use has to be w/in country. [read post]
14 Nov 2016, 6:25 am by Rebecca Tushnet
  Jane Ginsburg’s argument: no need to define separability b/c this is just a question of applying a 2D design to an object.Samuelson: thinks they’re going to reverse; they were caught up with the camo metaphor. [read post]
28 Oct 2016, 11:41 am by Ron Coleman
[W]idespread use of a mark to describe a product or service, alone, is not enough to render a mark “generic. [read post]