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14 Aug 2022, 6:02 am by Jack Goldsmith
” As the Supreme Court stated in Department of the Navy v. [read post]
14 Aug 2022, 1:26 am by Frank Cranmer
They are used to operating without a formal doctrine of binding precedent. [read post]
In addition, even though the Ninth Circuit affirmed dismissal for lack of likelihood of confusion, it also concluded that the district court erred in adopting a rule excluding any consideration of a senior user’s post-infringement use of the mark and erred in certain aspects of its analysis, including how the court weighed strength of the mark and Bacardi’s intent (Lodestar Anstalt v. [read post]
12 Aug 2022, 3:08 pm
Gregor also asks on appeal that the opinion only use his initials, since (not surprisingly) he doesn't exactly want the whole "attempted sex with a minor" thing hanging out in a potentially published opinion, particularly given his new spouse and all. [read post]
12 Aug 2022, 11:29 am by Eugene Volokh
”] From today's opinion by Judge Gregory Woods in Flynn v. [read post]
12 Aug 2022, 10:24 am by Jim Dempsey
There is one huge caveat to the launch of this rulemaking process: The Supreme Court’s June 30 ruling in West Virginia v. [read post]
12 Aug 2022, 5:55 am by Nicholas Rasmussen
Anniversaries are important because they cause us to reflect on what has been lost, and they remind us how much work still remains. [read post]
11 Aug 2022, 5:49 pm by Rebecca Tushnet
It’s not about balancing incommensurable property v. speech, but speech v. speech which is more feasible. [read post]
11 Aug 2022, 10:07 am by Jo Dale Carothers
The Federal Circuit recently addressed this issue in Thaler v. [read post]