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26 Jun 2023, 9:01 pm by renholding
Of course, I would be remiss if I did not address the elephant in the room. [read post]
26 Jun 2023, 11:36 am by Josh Blackman
., at 833, n. 4 (internal quotation marks omitted); see id., at 839 (Brennan, J., concurring); cf. 5 U. [read post]
26 Jun 2023, 10:56 am by Roger Parloff
I think there needs to be one standard of justice in this country. [read post]
26 Jun 2023, 6:07 am by Ania Zolyniak
In April 2015, Facebook’s Mark Zuckerburg told Congress that the company would end its policy of granting applications created on the platform unrestricted access to user data in May of that year. [read post]
21 Jun 2023, 8:12 am by jonathanturley
Mark Loizeaux, president and owner of Phoenix, Maryland-based Controlled Demolition Inc. [read post]
21 Jun 2023, 6:38 am by Eric Goldman
(Professor Farley and I propose such a test in Part III of our paper after we discuss the Rogers test in Part I and other speech-protective trademark doctrines like parody in Part II.) [read post]
20 Jun 2023, 6:07 am by Eric Goldman
  I was not at all surprised that the Supreme Court ruled in Goldsmith’s favor, and I agree with the quiet mainstream that the Court reached a just and defensible result on the specific facts before it. [read post]
18 Jun 2023, 9:01 pm by Michael C. Dorf
In today’s column, I evaluate the theory and its use in the Supreme Court. [read post]
18 Jun 2023, 9:00 pm by Michael C. Dorf
Congress did just that in the Ethics in Government Act, but SCOTUS upheld the independent counsel in Morrison v. [read post]
16 Jun 2023, 12:04 pm by Ted Max
”[18] The Court noted that “[t]he District Court had rightly concluded that because VIP used the challenged marks as source identifiers, it could not benefit from the fair-use exclusion for parody” and while the Circuit Court’s erroneous construction “negated Congress’s judgment about when – and when not – parody (and criticism and commentary) is excluded from dilution liability. [read post]
16 Jun 2023, 11:54 am by Ted Max
”[18] The Court noted that “[t]he District Court had rightly concluded that because VIP used the challenged marks as source identifiers, it could not benefit from the fair-use exclusion for parody” and while the Circuit Court’s erroneous construction “negated Congress’s judgment about when – and when not – parody (and criticism and commentary) is excluded from dilution liability. [read post]
16 Jun 2023, 11:46 am by Ted Max
”[18] The Court noted that “[t]he District Court had rightly concluded that because VIP used the challenged marks as source identifiers, it could not benefit from the fair-use exclusion for parody” and while the Circuit Court’s erroneous construction “negated Congress’s judgment about when – and when not – parody (and criticism and commentary) is excluded from dilution liability. [read post]
12 Jun 2023, 9:21 am by thomasgalvani
  But I don’t think I have ever addressed the fundamental question of “What is a trademark? [read post]
8 Jun 2023, 9:01 pm by Michael C. Dorf
By contrast, in Milligan, the Court treats Congress’s failure to amend the VRA to overrule or modify Gingles as a mark of sound stability in the law.So too, in Shelby County, the Chief Justice seemed impatient with the VRA as an unnecessary relic. [read post]