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25 Jul 2012, 5:49 pm
By Anil Kalhan Last week, Chicago Mayor (and former Obama White House Chief of Staff) Rahm Emanuel reentered the national political fray, advising Mitt Romney that he should “stop whining” about the attention being given to his record at the helm — or was it “retroactively” not at the helm? [read post]
8 Jul 2012, 1:00 pm by Ted Folkman
On the one hand, the First Circuit’s decision in Cusumano v. [read post]
1 May 2012, 8:25 pm by Tonya Gisselberg
  Courts in the Fourth Circuit examine the following set of factors to aid them in determining the likelihood of confusion: the strength or distinctiveness of the plaintiff’s mark as actually used in the marketplace; the similarity of the two marks to consumers; the similarity of the goods or services that the marks identify; the similarity of the facilities used by the markholders; the similarity of advertising used by the markholders; the defendant’s intent; actual… [read post]
2 Apr 2012, 7:07 am by Marty Lederman
Over at the Volokh Conspiracy, my colleague Randy Barnett, who's representing the private plaintiffs in the ACA case, has written a post focusing upon Justice Kennedy's expressed concern that in order for the Court to uphold section 5000A of the ACA, it might have to issue what Randy calls an "unbounded" opinion, one that would permit Congress to require the purchase of virtually any product--an outcome that Justice Kennedy fears would “change the relationship of the… [read post]
20 Mar 2012, 11:16 am by Tejinder Singh
Tomorrow the Court will hear argument in Vasquez v. [read post]