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22 Aug 2018, 5:02 am by Kiel Brennan-Marquez
In fact, there is a growing shadow-canon of successful breadth challenges masquerading as vagueness cases. [read post]
5 Jan 2022, 9:56 am by Larry
 The case of the day is Porsche Motorsport North America, Inc. v. [read post]
31 Dec 2020, 2:15 am by Nedim Malovic
Accordingly, a low degree of similarity between those goods or services may be offset by a high degree of similarity between the marks, and vice versa (C-39/97, Canon).In light of all the considerations above and, in particular, the average inherent distinctiveness of the earlier mark, the General Court concluded that there was a likelihood of confusion between the two marks in respect of all goods in Class 11.CommentThis decision is a textbook example (and reminder) of how the assessment… [read post]
14 Oct 2015, 11:33 am by Eugene Volokh
And that’s the view lower courts have taken: “[A] court can invoke a secular interpretation of church deeds, by-laws and canons, thereby avoiding judicial entanglement in issues of religious doctrine, polity and practice…. [read post]
30 Nov 2009, 12:00 am
Budejovicky Budvar Narodni Podnik v Anheuser-Busch Inc (Class 46) (IPKat) EPO: Should green technology be subject to compulsory licensing? [read post]
8 Jul 2008, 2:42 pm
Opposite day is a fun game for kids, but it's not a good canon of statutory construction. [read post]
17 Feb 2010, 11:15 am by Eugene Volokh
Kuhn Farm Machinery, Inc., 909 P.2d 408 (Ariz. [read post]