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12 Jan 2022, 12:35 pm by John Elwood
At that time, four justices – Samuel Alito, Clarence Thomas, Neil Gorsuch, and Brett Kavanaugh – noted that they concurred in the decision to deny review because the factual record was too undeveloped to grant preliminary relief to the coach, emphasizing that they did not “necessarily agree with the decision (much less the opinion) below. [read post]
23 Mar 2020, 1:02 pm by Steve Baird®
Indeed, the leading trademark scholar Professor Thomas McCarthy agrees that, despite the dicta of footnote 7 in New Kids, there is no per se rule against the nominative fair use of others’ logos, making context key to the fair use defense: “For example, most people would agree that a business magazine or web site illustration could properly use the logos of companies whose economic performance is being discussed. [read post]
27 Apr 2017, 7:58 am by Joy Waltemath
Justices Thomas and Ginsburg wrote separate brief opinions concurring in the judgment (Lewis v. [read post]
26 Jun 2022, 3:25 am by SHG
State Rifle & Pistol Ass’n v. [read post]
12 Jul 2021, 8:45 am by Eric Goldman
This argument has been tried and failed numerous times, most recently in Children’s Health Defense v. [read post]
21 Mar 2018, 1:39 pm by Mark Walsh
Justice Clarence Thomas has filed a dissent, joined by Alito. [read post]