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3 Mar 2016, 9:12 am by Rebecca Tushnet
“[E]ven where bad intent is demonstrated, an appreciable number of consumers must also have actually been deceived for the defense to succeed. [read post]
3 Mar 2016, 5:19 am
  “[W]e decline to recognize a DTC advertising exception, which has been adopted only in New Jersey. [read post]
2 Mar 2016, 4:26 pm by Kevin LaCroix
  John Reed Stark Many of us have been following the continuing battle between Apple and the U.S. government on whether the government can required the company to unlock the iPhone of the San Bernardino terrorist, Syed Rizwan Farook, with a combination of confusion and concern. [read post]
2 Mar 2016, 7:15 am
Henrik Saugmandsgaard ØeVia Katfriend and former GuestKat Kate Manning (Curated Media) comes the news that the Opinion of Advocate General (AG) Henrik Saugmandsgaard Øe [here if you read Danish] in Austro-Mechana, C-572/14 - escaping this Kat's attention (and much to her shame) - was in fact released on 17 February 2016.This is yet another reference for a preliminary ruling regarding interpretation of the private copying exception within Article 5(2)(b) of… [read post]
29 Feb 2016, 4:43 pm by Kevin LaCroix
This past year was an eventful one in the corporate and securities litigation arena, with the U.S. [read post]
25 Feb 2016, 5:54 pm by Nikki Siesel
The merely descriptiveness refusal is based on Section 2(e)(1) of the Trademark Act. [read post]
22 Feb 2016, 7:17 pm by Harry Cole and Ashley Ludlow
While the petitioners argued that the deadline for filing reverse auction applications marked their Absolute Last Chance to get themselves into the auction, the Commission said, au contraire, [i]f either the Commission or the Court rules before March 29 that petitioners are eligible to participate in the reverse auction, the Commission will have the ability to ensure that petitioners “have an opportunity to submit an application to participate in the reverse auction” before the… [read post]
22 Feb 2016, 8:02 am by Daniel Schwartz
While that’s not quite true, it’s not that far off the mark either. [read post]
22 Feb 2016, 5:34 am by Rebecca Tushnet
” Moreover, it’s fine to ban certain prices because of how consumers react to them. [read post]
21 Feb 2016, 2:42 pm
., supra.As courts usually do, the Court of Appeals began the substantive part of its opinion by explaining how, and why, the lawsuit arose:Fidlar is a technology company that develops software for county offices to manage public land records. [read post]
9 Feb 2016, 6:27 am
”  Bernhardt, 2000 WL 1738645, at *2 (citation and quotation marks omitted). [read post]
8 Feb 2016, 8:25 am
Robak, Associate Director/Director of Information Technologies, Leon E. [read post]
8 Feb 2016, 6:35 am by @travelblawg
GUIDE: Are You Allowed To Smoke E-Cigarettes On A Plane? [read post]
5 Feb 2016, 11:25 am by Dan Goodin
As a result, when targets opened attachments contained in spam e-mails sent by Dridex servers, the would-be marks were instead prompted to run a program designed to protect computers from the very likes of the Dridex threat. [read post]
5 Feb 2016, 7:55 am by Schachtman
Senn urges analysts to “[b]e vigilant about double counting,” and recommends that journals should withdraw meta-analyses promptly when mistakes are found. [read post]
3 Feb 2016, 4:08 pm by Steven M. Taber
—The plan required under paragraph (1) shall contain, at a minimum, recommendations or projections on— ‘‘(A) the rulemaking to be conducted under subsection (b), with specific recommendations on how the rulemaking will— ‘‘(i) define the acceptable standards for operation and certification of civil unmanned aircraft systems; ‘‘(ii) ensure that any civil unmanned aircraft system includes a sense-and-avoid capability; and… [read post]
3 Feb 2016, 10:35 am by Guest Blogger
  It is rather what we might think of as the “small-c” constitutionalism of our basic economic and political structures, how we constitute the market economy through laws that define its basic forces and dynamics; how we constitute the polity through regulations and processes that shape the allocation of political power. [read post]
The email policy (which, ironically, the employee had been responsible for drafting) specified that personal emails had to be marked as such. [read post]