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13 Nov 2011, 7:57 pm
A trade mark registration is prima facie evidence that the mark is registered and valid (Lane Capital Mgmt v Lane Capital Mgmt (1999)). [read post]
13 Nov 2011, 3:47 pm by Lara
  Looking on the bright side, as long as it’s organic whole wheat, it should taste good with their organic veggies. [read post]
9 Nov 2011, 6:33 am by Tejinder Singh
Bennett (echoing the pre-CU decision in FEC v. [read post]
8 Nov 2011, 10:49 am by admin
 briefing completed Sept. 6, 2011), and Akamai Technologies Inc. v. [read post]
8 Nov 2011, 7:54 am by Rebecca Tushnet
Even with orthogonal uses (where the creator doesn’t get appropriate incentive messages from the use, as where a decorator uses sheet music as wallpaper for its visual impact), we may have to think about static v. dynamic orthoganality. [read post]
4 Nov 2011, 12:50 pm by Michael O'Hear
Washington, 547 US 813 (2006), in which the Court held that a declarant’s statements in a 911 call were nontestimonial, and Hammon v. [read post]
31 Oct 2011, 1:32 am
However, a new found harmony between the two has been signaled, at least by the US Government, in Golan v Holder. [read post]
30 Oct 2011, 6:06 pm
The traditional contours of copyright protection, as discussed in Eldred v Ashcroft, include the idea/expression dichotomy, the fair use defence and restriction of unauthorized exploitation of other peoples expression. [read post]
28 Oct 2011, 12:54 pm by Melanie Perez
” Unfortunately, judges have been reluctant to create bright-line boundaries which has encouraged celebrities to file all sorts of claims like for an imitated golf swing or even a “sound a-like,” as in the Bette Midler v. [read post]
27 Oct 2011, 11:34 am by James Hamilton
The Supreme Court effectively replaced the conduct and effects test with a transactional test and imposed a bright line rule on the cross-border availability of Rule 10b-5.In Morrison v. [read post]
27 Oct 2011, 6:33 am by Tom Goldstein
The district court in United States v. [read post]