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4 Mar 2024, 5:56 pm
Because theCTA exceeds the Constitution’s limits on the legislative branch and lacks a sufficientnexus to any enumerated power to be a necessary or proper means of achievingCongress’ policy goals, the Plaintiffs are entitled to judgment as a matter of law. [read post]
19 Sep 2013, 1:23 pm
Bush-era judicial nominees, and most of them were and are supporters of judicial enforcement of structural constraints on federal power. [read post]
6 Aug 2012, 7:00 am
The discovery rules in federal litigation provide a powerful mechanism for obtaining evidence necessary to defend against claims of patent infringement. [read post]
23 Mar 2012, 4:00 am
Color trademarks can be very powerful and very useful. [read post]
14 Jun 2008, 10:44 pm
Trade-Mark Cases, 100 U.S. 82 (1879). [read post]
29 Nov 2017, 8:26 am
” Powerful stuff indeed. [read post]
14 May 2017, 5:53 am
Here, the CJEU set out important guidelines regarding the General Court’s (GC) powers of review of decisions issued by the EUIPO Board of Appeal pursuant to Article 65 Regulation 207/2009 (EUTMR). [read post]
29 Mar 2013, 4:02 am
Test Your TTAB Judge-Ability: Is This Specimen of Use Okay for the mark "JUXTA"? [read post]
9 Apr 2018, 1:57 am
Panama| Will trade mark law stop Marine Le Pen's new campaign? [read post]
15 Jul 2013, 1:53 am
Trade mark buffs wondering whether land-locked Swiss consumers generally regard KALMAR as a squid or as a sad town in Sweden (no tourist appeal or international airport) need look no further than Mark Schweizer's Class 46 post here for the answer to this poser. [read post]
10 Jun 2019, 2:37 am
The cars are typically very small with a very high power-to-weight ratio and typically use four cylinder engines. [read post]
22 Dec 2006, 11:31 am
Mark Graber, A Modest Proposal (Oct. 11, 2006)21. [read post]
19 Aug 2022, 4:00 am
Sometimes, power holders break promises because they’re self-dealing or corrupt. [read post]
22 Dec 2016, 1:33 pm
It is well settled precedent that Congress’ power under the Commerce Clause is broad. [read post]
22 Dec 2016, 1:33 pm
It is well settled precedent that Congress’ power under the Commerce Clause is broad. [read post]
3 Dec 2015, 7:43 am
Take extra precaution when digging near a power line. [read post]
25 Apr 2018, 2:15 pm
” Mark Walsh provides a “view” from the courtroom. [read post]
20 Dec 2018, 9:01 pm
Severability marks that boundary.Consider that our courts treat particular applications of laws, and not just discrete linguistic subparts of the laws themselves, as generally severable. [read post]
23 Oct 2015, 1:07 pm
Also, if §43(a) remains available, then government resources are still being devoted to protecting such marks, perhaps even more resources, insofar as there is no more presumption of validity under §43 as there is for a registered mark and therefore an inquiry into protectability must be made in each case. [read post]
20 Sep 2018, 5:00 am
“[J]udicial records, as well as documents reflecting out-of-court transactions such as mortgages, deeds, contracts, and any other papers, the contents of which are essentially undeniable, would qualify as documentary evidence in the proper case” (Fontanetta v John Doe 1, 73 AD3d at 84-85 [internal quotation marks omitted]). [read post]
