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” On the trademark infringement claim, the Court held that the Rogers test—often applied in cases where a trademark is used in, and bears some artistic relationship to, an “expressive work”—“does not apply when the challenged use of a mark is as a mark,” (i.e., when “the accused infringer has used a trademark to designate the source of its own goods”). [read post]
15 Jun 2023, 12:16 am by David Pocklington
He cited Lord Fraser in R v Inland Revenue Commissioners ex p. [read post]
13 Jun 2023, 6:52 am by Richard Hunt
This is directly contrary to the state law principle that every party bears their fair share of the liability, or at least the share they agreed to bear in a contract. [read post]
9 Jun 2023, 7:30 am by Guest Blogger
  Buccola’s work, with Alison Buccola, provides as convincing as argument – better than, say, James Bradley Thayer’s defense of Gelpcke v. [read post]
6 Jun 2023, 8:32 am by Patricia Hughes
The test in Committee for Justice and Liberty et al v. [read post]
5 Jun 2023, 9:30 pm by ernst
”  That is, it could make even an honest business bear “some burdens in order that dishonest business may be regulated or entirely prohibited. [read post]
5 Jun 2023, 8:41 am by Eugene Volokh
The University of Chicago law school website shows 62 "full time reaching faculty" v. 127 "Lecturers in Law" (another—and, to some ears, a more dignified—term for adjuncts). [read post]
5 Jun 2023, 8:22 am by Eugene Volokh
" Registration also enables the trademark holder "to stop the importation into the United States of articles bearing an infringing mark. [read post]
1 Jun 2023, 3:29 am by SHG
The good intentions of equality won’t prevent the nightmare that these ill-conceived and unconstitutional  rules will cause. [read post]