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15 Nov 2013, 2:21 pm by Rebecca Tushnet
  Also, the initial district court TDRA opinion erred by requiring bad faith before intent to associate the marks could favor the plaintiff, and erred by relying on lack of actual confusion, which doesn’t directly matter for dilution.On remand, the district court found that Starbucks’ distinctiveness, exclusive use, and fame favored Starbucks. [read post]
11 Nov 2013, 9:09 pm by Eugene Volokh
If Congress has the power to exempt religious groups from a law, then, once a group qualifies under the statutory exemption, that must be the end of the matter. [read post]
11 Nov 2013, 4:00 am by Malcolm Mercer
In the 1970s, I worked part time while a student for H&R Block doing tax returns using pen, paper and a calculator[5]. [read post]
10 Nov 2013, 5:01 pm by oliver randl
However, according to A 84, the claims must define the matter for which protection is sought. [read post]
8 Nov 2013, 3:20 am by David DePaolo
And it really can't get much better than that.Speaking of which, the lien fee injunction case is demonstrating to me that the entire lien process needs to be rethought.Judge George H. [read post]
6 Nov 2013, 9:01 pm by Neil H. Buchanan
Although seven Senate Republicans voted this week to allow that bill to come up for a vote—itself a reminder of how Republican extremism has become normal in Washington, with every bill being filibustered as a matter of course—their 38 Senate colleagues and nearly all House Republicans are opposed to the bill. [read post]
6 Nov 2013, 10:11 am
,  (e) the impact of the use upon the normal commercial exploitation of the work, having regard to matters such as its age [so, using a work created in 1960 could be considered fairer per se than using a work created in 2000?] [read post]
5 Nov 2013, 9:27 am by Raymond Wee Hock Tan
Zhè yànɡ de lì zi hái yǒu hěn duō。My grades were not good enough to go to a college before University as I failed Mandarin as a 2nd language skill. [read post]
4 Nov 2013, 9:08 am
  We didn’t even have to delete any citations. [read post]
2 Nov 2013, 9:03 pm by Lyle Denniston
 If the people are asked to be a part of it, what is the meaning if some don’t do so? [read post]
2 Nov 2013, 4:28 am by Nick Basciano
The declassification fairy visited us again this week, leaving 10 documents topical to congressional notification of 215 collection, as well as a little treat about experimenting with locational data (h/t Senator Wyden and his questions). [read post]
31 Oct 2013, 5:00 am
  Apparently, that process wasn’t very user-friendly – with only 15 paper NDAs between 1962 and 1984, when it was essentially superseded by H-W. [read post]
29 Oct 2013, 5:44 am by familoo
This is the text of a Keynote address given by Sir James Munby, President of the Family Division at the Law Society’s Family Law Annual Conference ‘The sacred and the secular: religion, culture and the family courts’ on London 29 October 2013 (H/t to Adam Wagner)    Only a little over a century ago, in 1905, a judge in a family case could confidently opine that the function of the judges was “to promote virtue and morality… [read post]
28 Oct 2013, 9:16 am by Angelo A. Paparelli
  One Senator conceded off the record that, with the government shut down, there really wasn’t all that much to do, so he didn’t see a problem. [read post]
26 Oct 2013, 3:12 pm by familoo
And Contrast….I say it again: Compare… And Contrast… This Daily Mail article with this case on bailli (In the Matter of W and In the Matter of H). [read post]
25 Oct 2013, 1:14 pm by Wells Bennett
 Al-Hawsawi isn’t a hunger striker, and isn’t facing down any force-feeding. [read post]
24 Oct 2013, 4:00 am by Administrator
He wrote of it in general terms: “[H]aving regard to the historical context of s. 92(10) and its underlying purpose, the preference for diversity of regulatory authority over works and undertakings should be respected, absent a justifiable reason that exceptional federal jurisdiction should apply. [read post]