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23 Apr 2012, 9:08 am by Barry Barnett
"Critics of E-Books Lawsuit Miss the Mark, Experts Say". [read post]
23 Apr 2012, 12:33 am by JD Hull
Welcome to Blawg Review No. 318, which follows Texas trial lawyer Mark Bennett's inspiring No. 317 at the well-regarded Defending People. [read post]
20 Apr 2012, 2:50 pm by Rebecca Tushnet
  But reproduction of the mark itself is a key factor. [read post]
16 Apr 2012, 9:03 am by Adam Thierer
Regarding the earlier impact that antitrust Sword of Damocles had on Microsoft, Zeiler unearthed this terrific 2005 quote from Mark Kroese, a general manager of information services at the Microsoft Network, who described the impact of the MS antitrust case on innovation at the firm as follows: “Working at Microsoft today vs. five years ago is different,” Kroese said. [read post]
2 Apr 2012, 5:52 am by Paul Horwitz
The more consistent a famous legal scholar is in his or her message and method, the easier it is to imagine them taking a step further: to a reductio ad absurdam of their method (Posner might write about what deities would maximize!) [read post]
31 Mar 2012, 12:50 pm by Rebecca Tushnet
  Rely more on what mark owners are doing in commerce than cleverness of the initial mark. [read post]
23 Mar 2012, 8:40 am by Paul Horwitz
(I should say that I've read about two-thirds of the bio so far and find it quite strong, although I'm not sure it completely merits the exclamation mark awarded to it by Judge Posner in his foreword.) [read post]
18 Mar 2012, 2:33 pm by Howard Knopf
S. 207, 236 (1990) (internal quotation marks and citation omitted).The task is not to be simplified with bright-line rules, for the statute, like the doctrine it recognizes, calls for case-by-case analysis. [read post]
8 Mar 2012, 1:59 am
Mark Liberman at Language Log has once again, in two posts, discussed the use of corpora in US courts. [read post]
26 Feb 2012, 7:51 pm by Gary Becker
Two other predictions in recent decades of countries beating the US are a reminder that projections of continued trends in income growth can be way off the mark. [read post]
19 Feb 2012, 5:46 am by Kenneth J. Vanko
Trade secrets can be made up on the fly, while marks are registered.So the public policy behind allowing for fee shifting in the trade secrets context has to be the same as that in the trademark context, and Judge Posner likely would focus on whether and how parties in trade secrets suits used the litigation for improper purposes to ramp up lawyers' fees needlessly. [read post]
12 Feb 2012, 3:03 pm by Gary Becker
Yet I will argue that the FT’s title should have had a question mark, as in: Is capitalism in crisis? [read post]
12 Feb 2012, 2:00 am by Karen Tani
 Eric Posner (University of Chicago) covers War Time: An Idea, Its History, Its Consequences (Oxford University Press), by Mary Dudziak (here). [read post]
10 Feb 2012, 2:02 pm by Rebecca Tushnet
  Posner says no, it’s a play on words and therefore arbitrary. [read post]
7 Feb 2012, 2:11 pm
In his review of my new book War Time – about which IntLawGrrls posted yesterday – Posner sticks to the script. [read post]
5 Feb 2012, 9:53 am by Mary L. Dudziak
Eric Posner has spent much of the last decade criticizing the liberal legal response to post-9/11 government policies. [read post]
20 Jan 2012, 12:53 pm by Bruce Carton
When Mark Cuban's lawyer recently used a photograph of Cuban and the Mavericks celebrating their championship as part of a summary judgment motion (in a case questioning Cuban and the Maverick's management of the team), the tactic was hailed as innovative and "brilliant. [read post]