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But today, we face a world where these offerings are table stakes at best and wildly off the mark at worst. [read post]
13 Aug 2019, 2:48 pm by Guest Blogger
I don’t think there’s an über theory of our constitutional tradition. [read post]
13 Aug 2019, 11:38 am by Patricia Hughes
The first committee hearing, with Justice Rothstein, was certainly the high water mark in terms of depth of media coverage. [read post]
13 Aug 2019, 9:44 am
A clear verbal refusal—such as “No,” “Stop,” or “Don’t”—establishes the lack of consent or the revocation or withdrawal of previous consent. [read post]
13 Aug 2019, 6:03 am
| "BOSWELAN" - No Special Treatment for Medicinal Product Trade Marks | CJEU dismisses Red Bull’s appeal concerning its colour combination marks | The trademark question that never stops giving: when is there a material difference between the registered form and the form of actual use? [read post]
13 Aug 2019, 4:15 am by Agnieszka Sztoldman
A verbal description of the sign must clarify the subject matter and scope of the protection and cannot be inconsistent with the graphic representation or give rise to doubt. [read post]
13 Aug 2019, 3:00 am by John Jenkins
The listing didn’t name the detractor, but the individual isn’t a well-known executive like Musk or Cuban, said a person familiar with the matter who asked not to be identified. [read post]
12 Aug 2019, 12:14 pm by Elizabeth Kruska
The opinion doesn’t tell us what he was in jail for or the basis for the PCR, because neither of those things especially matter here. [read post]
11 Aug 2019, 11:46 pm by Helen Macpherson (AU)
However, the products continue to be painted in a faux-Indigenous style and, as Gabrielle Sullivan, CEO of the Indigenous Arts Code notes, currently “there is no law in Australia that says you can’t make fake art and you can’t misappropriate Aboriginal and Torres Strait Islander culture”. [read post]
11 Aug 2019, 11:46 pm by Helen Macpherson (AU)
However, the products continue to be painted in a faux-Indigenous style and, as Gabrielle Sullivan, CEO of the Indigenous Arts Code notes, currently “there is no law in Australia that says you can’t make fake art and you can’t misappropriate Aboriginal and Torres Strait Islander culture”. [read post]
11 Aug 2019, 8:58 pm by Lawrence B. Ebert
In the book -- Matters of Principle: An Insider's Account of America's Rejection of Robert Bork's Nomination to the Supreme Court (Simon & Shuster, 2019) -- , author Mark Gitenstein notes that the question pertained to Biden's application to the Delaware bar in 1968, in particular his answer of "no" to the question whether Biden had ever been disciplined for an ethical violation. [read post]
11 Aug 2019, 8:46 am
" The NYT doesn't have "apparent" before suicide and doesn't use a generic, conspiracy-supporting phrase like "Questions mount. [read post]
11 Aug 2019, 4:30 am by SHG
I have experienced moments being incapacitated by fear — haven’t you? [read post]
11 Aug 2019, 1:01 am by rhapsodyinbooks
Did the Battle of Gettysburg mark a turning point in the war? [read post]
9 Aug 2019, 11:34 am by Rebecca Tushnet
Leverages priority into market you weren’t intending to enter/were entering for merchandising only; exacerbates mark depletion issues. [read post]
The settlement also contains significant and noteworthy measures, such as forcing Facebook to make privacy a board-level concern and requiring Mark Zuckerberg to verify compliance. [read post]
9 Aug 2019, 7:33 am by Rebecca Tushnet
” “Given the similar design elements, it cannot be determined that, as a matter of law, the marks are so dissimilar that there is absolutely no possibility of confusion. [read post]
8 Aug 2019, 9:26 am by Rebecca Tushnet
”  [I have to admit, I don't get why the difference should matter to the descriptive fair use analysis. [read post]
8 Aug 2019, 8:31 am by Robert Chesney
  As an initial matter, I’m very doubtful that this specific gap (the lack of the death penalty in some states) is playing a significant role in the calls for a new federal crime of domestic terrorism; perhaps some are advancing that point, but not that I’ve seen. [read post]