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18 Nov 2016, 12:53 pm by Rebecca Tushnet
NJ Management Gp.: used image of 9/11 fireman juxtaposed against Iwo Jima photo; Fox was trying to say that they didn’t need to license that b/c they were commemorating the event. [read post]
11 Jan 2016, 5:00 am by Rebecca Tushnet
  Examine the roadkill to see the path we’re on. [read post]
14 Oct 2015, 1:41 am by Bill Marler
FOOTNOTES Citation Glass KA, Golden MC, Wanless B, Bedale W, Czuprynski C. 2015. [read post]
24 Feb 2017, 12:04 pm by Rebecca Tushnet
  The most striking example of apparently mistaken incontestability comes from B&B v. [read post]
19 Feb 2016, 4:08 pm by Rebecca Tushnet
 This is a problem b/c design laws should incentivize the creation of new and creative aesthetic product designs. [read post]
12 Aug 2022, 12:57 pm by Rebecca Tushnet
Policy default should be rebuttable presumption against IP for innovation, b/c exclusive rights are sticky; can hurt progress. [read post]
10 Aug 2017, 9:38 am by Rebecca Tushnet
  B/c we live in a democratic society, not b/c we have preferences for news. [read post]
18 May 2010, 12:13 pm by law shucks
CT SotS May Not Count as a Lawyer but is a W&C Alum [read post]
2 Mar 2020, 10:14 am by Rebecca Tushnet
’s work about how it’s the surprise that causes people to hesitate—there’s no connection w/ a particular brand, so the response that we see when people confront supposedly diluting marks is not the brand-specific mechanism that we thought that it was.Many claims made in the reading were (perhaps unsurprisingly) persuasive to me, but striking how little empirical basis there is for so many of them: For example, The Constructive Role of Confusion in Trademark, Alfred… [read post]
30 Jun 2023, 5:48 am by Rebecca Tushnet
Will see the weaponization of options—everything we’re doing is put through a partisan filter, and the longer we’re in denial about that the worse things will ultimately get. [read post]
27 May 2015, 11:59 am by Rebecca Tushnet
 A: 110(2) by the way: very difficult for us in digital education space: mediated instruction activities that use work as integral part of class experience under control of instructor analogous to type of performance that would take place live—really problematic b/c the key learning activities are not the type that would happen live. [read post]
22 Jul 2019, 7:00 am
In re National Association of Veterinary Technicians in America, Inc., Serial No. 87171093 (July 19, 2019) [precedential] (Opinion by Judge Cynthia C. [read post]
14 Oct 2016, 12:12 pm by Rebecca Tushnet
We like the online marketplace b/c of the variety. [read post]
19 Nov 2011, 10:00 pm
Bankruptcy Cases and Topics B-AK: Plan allowing sale of collateral free & clear strips creditor of collateral w/out comp. [read post]
24 Oct 2010, 2:10 pm by NL
We're all more than a little busy. [read post]
24 Oct 2010, 2:10 pm by NL
We're all more than a little busy. [read post]
6 May 2019, 7:52 am by Rebecca Tushnet
Why did Wal-Mart choose a name if it can sell grills w/o? [read post]
3 Nov 2020, 11:49 am
C) Who did Judge Murray Klein lose to (tricky question). [read post]