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16 Oct 2016, 4:51 pm by Sabrina I. Pacifici
Craig, Carys J., Technological Neutrality: Recalibrating Copyright in the Information Age (October 14, 2016). [read post]
13 Oct 2016, 3:40 am
According to the CJEU's judgment in cases C-217/13 and C-218/13, the opposite is true - the burden of proof for acquired distinctiveness lies with the trade mark owner (there at para. 68). [read post]
12 Oct 2016, 6:07 am by Rebecca Tushnet
”  Also, the FTC can show misleadingness either through showing (1) actual falsity of express or implied claims; or (2) that the advertiser lacked a reasonable basis for asserting that the message was true. [read post]
6 Oct 2016, 10:19 am by Law Offices of Jeffrey S. Glassman
Despite many studies showing that the diabetes drug Actos is linked to an increased risk of developing bladder cancer, those in the industry are still trying to prove that is not true. [read post]
6 Oct 2016, 10:19 am by Law Offices of Jeffrey S. Glassman
Despite many studies showing that the diabetes drug Actos is linked to an increased risk of developing bladder cancer, those in the industry are still trying to prove that is not true. [read post]
3 Oct 2016, 5:53 am by Eugene Volokh
And that is true even when the government restricts — rather than totally banning — the provision of constitutionally protected goods and services, such as by limiting abortions to accredited hospitals, Doe v. [read post]
30 Sep 2016, 6:53 am
Agado, 964 P.2d 565, 569 (Colorado Court of Appeals 1998) (Briggs, J., specially concurring), and citing several other cases). [read post]
29 Sep 2016, 6:52 pm
(Pix © Larry Catá Backer 2016)Human organization is no stranger to the mania for classification, and the construction of hierarchy and social management on the basis of those classifications. [read post]
29 Sep 2016, 11:24 am by Mark Astarita
 “Och-Ziff engaged in complicated, far-reaching schemes to get special access and secure significant deals and profits through corruption,” said Andrew J. [read post]
29 Sep 2016, 8:30 am by Eugene Volokh
For decades, the government has maintained that: [J]ust as the issuance of a trademark registration by this Office does not amount to government endorsement of the quality of the goods to which the mark is applied, the act of registration is not a government imprimatur or pronouncement that the mark is a “good” one in an aesthetic, or any analogous, sense. [read post]
29 Sep 2016, 4:00 am by Administrator
Each Thursday we present a significant excerpt, usually from a recently published book or journal article. [read post]