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26 Jun 2019, 1:50 pm by Rebecca Tushnet
And even though the jury didn’t credit the VSL parties’ evidence on the equivalence of the parties’ products, that didn’t mean their arguments were frivolous or objectively unreasonable, and the jury didn’t necessarily find bad faith.As for the manner of litigation, neither party covered itself in glory. [read post]
26 Jun 2019, 3:26 am
It wasn't even clear that the declarants understood that the subject matter of the mark was the design impression made in the snow.TrackFin has "used" the mark for at least 20 years, but of course that fact alone does not establish distinctiveness. [read post]
25 Jun 2019, 9:01 pm by Michael C. Dorf
Should the government be permitted to deny trademark registration to the likes of FUCT (or, for that matter, FUCKED), under a more narrowly worded statute? [read post]
25 Jun 2019, 4:00 am by James Côté
Rules intended to protect buyers of legal services don’t seem to matter as much when the biggest buyers have already dropped any concerns over non-lawyer ownership in favour of ALSPs. [read post]
24 Jun 2019, 4:52 pm by Mark Nieds
In 2017, Brunetti filed an application with the United States Patent and Trademark Office (USPTO) to register the trademark representing this brand—FUCT (“Friends U Can’t Trust”). [read post]
23 Jun 2019, 4:25 pm by INFORRM
Mr Johnson has repeatedly refused to answer questions about the incident and his supporters have suggested that this was a private matter. [read post]
22 Jun 2019, 6:54 pm by Eugene Volokh
. '… The attempt to enjoin the initial distribution of a defamatory matter meets several barriers, the most impervious being the constitutional prohibitions against prior restraints on free speech and press …. [read post]
19 Jun 2019, 4:51 pm by Arthur F. Coon
” After reciting CEQA’s well established standards of review, the Court stated in part that: “[T]he present case requires us to apply these standards to an unusual EIR. [read post]
16 Jun 2019, 9:06 pm by Coral Beach
If there is fever, it is usually not lower than 101 degrees F (38.5 degrees C). [read post]
14 Jun 2019, 8:25 am by MBettman
The issue in the case is whether any support payment, no matter the size, is sufficient to preserve a natural parent’s right to object to the adoption of his or her child. [read post]
13 Jun 2019, 11:32 am by Rebecca Tushnet
”  Still, there was evidence that beveling wasn’t the only way to fulfill the function, which matters because design patent functionality is ridiculously restricted (though why it matters if there wasn’t conscious ornamental design seems like a question worth asking). [read post]