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19 Feb 2024, 9:12 am by Marcel Pemsel
The fact that a trade mark might be – even primarily – understood as a promotional formula, does not mean that it cannot be perceived as an indication of origin (CJEU, Smart Technologies v OHIM, C-311/11 P, at para. 30). [read post]
19 Feb 2024, 8:57 am by John Mikhail
 Madison’s “otherwise provided for” caveat was approved on June 1, and it was included in the report of the Committee of the Whole on June 13 in the following form: Resolved, That a national executive be instituted, to consist of a single person; to be chosen by the national legislature, for the term of seven years; with the power to carry into execution the national laws, to appoint to offices in cases not otherwise provided for—to be… [read post]
18 Feb 2024, 4:29 am by Frank Cranmer
Quick links Anna Bond, Lexology: Professor’s ‘anti-Zionist’ beliefs were protected: on Dr David Miller v University of Bristol [2024] ET 1400780/2022: we noted the case here. [read post]
17 Feb 2024, 6:30 am by Guest Blogger
Modern originalists are leapfrogging over the Taft era to resurrect an older, anti-Federalist tradition of strict construction and textualism that dates back to Spencer Roane and John Taylor’s response to McCulloch v. [read post]
16 Feb 2024, 5:44 pm
His disappointments grounded not in the annoyance of ideological systems producing good for the common people; it is rather the reverse, the sense of betrayal around an ideology the greatest success of which was its text. [read post]
16 Feb 2024, 7:00 am by Guest Blogger
  Nationally, 1924 marked the debut of race-based national origins quotas as a technique of systematic immigration restriction as well as the return of the Ku Klux Klan to national political prominence. [read post]
15 Feb 2024, 6:30 am by Guest Blogger
Ct. 1731, 1755 (2020) (Alito, J., dissenting) (statutory words “mean what they conveyed to reasonable people at the time they were written” (citation omitted)); Kisor v. [read post]