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7 Jan 2016, 1:52 pm
 But as Judge Callahan points out, "[w]hile the Court found that heightened judicial scrutiny of the law was required, the Court did not actually apply heightened scrutiny. [read post]
23 Oct 2015, 1:07 pm by Rebecca Tushnet
 A brief review of the justifications usually given for the exclusions for marks that are scandalous or disparaging: (1) the harm done by the government endorsement represented by a registration; (2) the desire to withhold government resources from disparaging or scandalous terms; (3) the lack of any effect on a user’s ability or right to use the mark, with (a) possible §43(a) or state common law protection against confusing uses despite unregistrability, though this is not at all… [read post]
19 Apr 2019, 5:59 am by Joel R. Brandes
April 16, 2019Appellate Division, Second Department Appellate Division holds that Indian Child Welfare Act applies to Neglect Proceeding and Shinnecock Tribe had right to intervene In Matter of Durpee M, v Samantha Q., 2019 WL 1461831 (2d Dept., 2019) the mother and her husband (father) were the parents of the child, who was born in January 2017. [read post]
31 Mar 2012, 12:50 pm by Rebecca Tushnet
  Also, sometimes you’re forbidden from reaping what you sow. [read post]
19 Jul 2019, 6:54 pm by Gina Bongiovi
  As a matter of course, you’re dealing with commercial space, health department regulations, employees, vendors, customers, insurance concerns, volatile cash flow, seasonality, the list goes on. [read post]
6 Sep 2012, 8:59 pm
    ·         B-UT: $121K fee app. denied entirely for failure to disclose retainer, payments received from major creditor/insider. http://bit.ly/yNNT4u ·         6-BAP affirms dismissal of ttee's complaint seeking avoidance & recovery of prepet noncompensatory penalty pymts to IRS http://bit.ly/xFnxua ·         1-BAP: Silence is implied… [read post]
24 Sep 2010, 7:09 am by Sandy Levinson
" Teddy Kennedy didn't realize this, and he thus helped, almost as much as Osama bin Laden, to elect George W. [read post]
17 Mar 2011, 8:27 am by Elie Mystal
Please contact us with any questions.Catherine, Yuki, Satoru and SeanCatherine M. [read post]
13 May 2013, 7:26 pm by Kelly Phillips Erb
As I wrote that same year: [W]hether you’re Pastor Manning speaking from the pulpit, Joe Paterno, Coach of Penn State University’s football team on the field or Gail J. [read post]
7 Feb 2011, 2:58 am by Marie Louise
Quapaw Tribe of Oklahoma (Docket Report) District Court M D Georgia: Timing of invalidity opinion key to wilfulness analysis: Great Dane Limited Partnership v. [read post]
9 Apr 2009, 9:27 am
(Afro-IP)   Australia Major changes to Patents Act proposed; proposed changes anger Australian patent attorneys (Mallesons Stephen Jaques) (Managing Intellectual Property) IP examination centre in Melbourne to boost Australian innovation and jobs (IP Down Under) Full Federal Court: ‘Use it or lose it’ approach confirmed: E & J Gallo Winery v Lion Nathan (Mallesons Stephen Jaques)   Bulgaria M-Tel ‘best Bulgarian brand’ in… [read post]
5 May 2013, 9:33 am by Rebecca Tushnet
  Sets out a four part test for when compelled speech can’t be allowed: chilling speech; distorting speech (introducing falsehoods or misleadingness; it might not be clear it’s gov’t speech; compelling professional speech is commandeering professional credibility in order to have an impact on the speech market); autonomy of listeners—paternalism or exploitation of cognitive limitations to work our biases; gov’ts are allowed to be paternalistic if… [read post]