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28 Nov 2017, 11:46 am by Eugene Volokh
App. 2006), the court recognized this right using the “tradition/utility” test from Press-Enterprise Co. v. [read post]
28 Nov 2017, 7:36 am by John McFarland
This brings us to the Duhig Rule, established in Duhig v. [read post]
21 Nov 2017, 9:17 am by Will Baude
While of course I would love to see widespread agreement with my own version of the theory, this might nonetheless be the most judicious course. [read post]
14 Nov 2017, 2:22 pm by David Aronberg
One particularly relevant case on this issue is the case of Bourne v. [read post]
14 Nov 2017, 1:09 am by Jani Ihalainen
As set in Maier v ASOS, the legitimacy of the use is considered looking at "…whether there exists a likelihood of confusion; whether the trade mark has a reputation; whether the use of the sign complained of takes advantage of or is detrimental to the distinctive character or repute of the trade mark; and whether the possibility of conflict was something which the defendant was thought to have been aware".Having considered the matter briefly, Lord Justice… [read post]
7 Nov 2017, 12:28 pm by John Elwood
We’ll be back next week with more baseless speculation and – as always – plenty of brother love. [read post]