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26 Jun 2023, 11:52 am
One such story involves Instant Brands, Inc. which filed for Chapter 11 bankruptcy in mid-June. [read post]
26 Jun 2023, 4:12 am
The answer to Question #5 is “No” as established in the Pachter v Winiarsky case Frank McRoberts and I blogged about here, here, and here. [read post]
25 Jun 2023, 10:54 am
It's based on amicus briefs that Michael Dorf (Cornell), Andrew Koppelman (Northwestern), and I filed in past cases (and that I blogged about before), but it elaborates somewhat further on that argument. [read post]
21 Jun 2023, 9:44 am
” Commercial Bus. [read post]
21 Jun 2023, 8:57 am
Chevrolet, Inc. v. [read post]
21 Jun 2023, 7:20 am
As I’ve said previously, “Copyright’s purpose is to create a commercial market for creative works, and these outcomes are consistent with a functioning marketplace. [read post]
21 Jun 2023, 6:38 am
(Professor Farley and I propose such a test in Part III of our paper after we discuss the Rogers test in Part I and other speech-protective trademark doctrines like parody in Part II.) [read post]
20 Jun 2023, 9:04 pm
Today, I’ll walk through the ones that I expect to be dropped, or at least heavily revised. [read post]
20 Jun 2023, 9:04 pm
Today, I’ll walk through the ones that I expect to be dropped, or at least heavily revised. [read post]
20 Jun 2023, 9:28 am
Interestingly, Halstead Bead Inc., a small out-of-state retailer that challenged Louisiana’s decentralized local sales and use tax administration in federal court[5], informed the U.S. [read post]
20 Jun 2023, 6:07 am
Acuff-Rose Music, Inc., 510 U.S. 569 (1994). [read post]
19 Jun 2023, 4:41 am
The litigation yielded a recent Decision and Order from Manhattan Commercial Division Justice Robert R. [read post]
18 Jun 2023, 9:34 am
Malwarebytes, Inc., 2023 WL 3769331 (9th Cir. [read post]
16 Jun 2023, 12:04 pm
Justice Elena Kagan, who authored the majority opinion, suggested the Bad Spaniels dog toy was obviously a commercial product and said “[t]hat’s not a First Amendment problem. [read post]
16 Jun 2023, 11:54 am
Justice Elena Kagan, who authored the majority opinion, suggested the Bad Spaniels dog toy was obviously a commercial product and said “[t]hat’s not a First Amendment problem. [read post]
16 Jun 2023, 11:46 am
Justice Elena Kagan, who authored the majority opinion, suggested the Bad Spaniels dog toy was obviously a commercial product and said “[t]hat’s not a First Amendment problem. [read post]
15 Jun 2023, 9:01 pm
To the extent that trademarks subsist in those names, the Supreme Court’s recent decision in Jack Daniel’s Properties, Inc. v. [read post]
14 Jun 2023, 5:01 am
Argument I. [read post]
13 Jun 2023, 10:52 am
Ontario (“Working Families I”) and Working Families Coalition (Canada) Inc. v. [read post]
13 Jun 2023, 8:07 am
” In that case, which the General Counsel brought against Michigan-based cannabis company Berry Green Management, Inc. [read post]