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13 Dec 2018, 8:09 am by Eugene Volokh
City Attorney Mike Feuer (just a fun tidbit; the City wasn't at all involved here, of course). [read post]
15 Aug 2023, 4:01 am
Conclusion: And so, the Board rejected SP Plus's alternative Section 2(f) claim, and it also denied registration on the Supplemental Register. [read post]
27 Dec 2023, 9:01 am by Anastasiia Kyrylenko
The CJEU provided further guidance on the matter in its subsequent rulings.In Germany, courts have frequently dealt with the question of copyright protection for short literary works, including slogans and book titles. [read post]
26 Jun 2019, 3:26 am
It wasn't even clear that the declarants understood that the subject matter of the mark was the design impression made in the snow.TrackFin has "used" the mark for at least 20 years, but of course that fact alone does not establish distinctiveness. [read post]
25 Apr 2024, 1:13 pm
Her illness, if true, is a private matter unless she decides to make it public. [read post]
11 Nov 2015, 5:26 am
One audience member "politely" suggested that if they couldn't find a single court to side with them in 50+ years, perhaps it was time to move on. [read post]
22 Sep 2021, 10:18 am by Rebecca Tushnet
Defendants argued that, under In re GNC Corp., 789 F.3d 505 (4th Cir. 2015), their expert’s testimony that the two products were genetically and functionally equivalent precluded a finding of literal falsity as a matter of law. [read post]
5 Mar 2020, 2:05 pm by Stewart Baker
Conservatives may be discriminated against, but so are Black Lives Matter activists. [read post]
16 Sep 2014, 5:35 pm by Lawrence B. Ebert
Especially when you don't get the collector's version special cover art? [read post]
23 Sep 2015, 3:53 am by Ben
King held in a summary judgment that the song's original copyright, assigned  Clayton F. [read post]
29 Jul 2014, 3:30 pm by David Cosgrove
Openheimer, 637 F.3d 318 (1981) is “the seminal case on damages in a suitability case[.] [read post]
25 Nov 2012, 11:58 am by Steve Kalar
It doesn't matter whether he fooled the district court; it suffices that he fooled a Pretrial Services officer, or tried to. [read post]
9 Jul 2015, 7:00 am by Benjamin Wittes
For one thing, he stated very clearly to the Judiciary Committee—and with evident reluctance—that some of the encryption the bureau is now facing is beyond its capacity to crack: [I]f we intercept data in motion between two encrypted devices or across an encrypted mobile messaging app and it's strongly encrypted, we can't break it. [read post]