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10 Aug 2018, 2:59 pm by Rebecca Tushnet
He’s subsidizing the publicity benefits.Lemley: we don’t usually call that a wealth transfer.Miller: subsidy is better b/c there’s no one to one correspondence.Mark McKenna (and Mark Lemley), Unfair DisruptionThis isn’t really a paper about Aereo, but that’s an example: new tech often disrupts existing commercial relationships/settled expectations/industries. [read post]
28 Jan 2013, 4:35 am by Rebecca Tushnet
  He had a meeting with Bed Bath & Beyond and left samples of the packaged towel with BBB; both the package and the towel were marked “patent pending. [read post]
20 Dec 2013, 3:15 pm by Wells Bennett
But I think part of what’s been interesting about this whole exercise is recognizing that in a virtual world, some of these boundaries don’t matter anymore. [read post]
19 May 2016, 7:43 am by Rebecca Tushnet
[Which is why we should make it hard for people to create new stuff via remix …]  It’s not the availability that matters, it’s the inability to walk into Best Buy and get the software that matters—practical availability, not binary connection. [read post]
31 Aug 2015, 3:28 am by Jason Rantanen
Don’t Throw Out Fetal-Diagnostic Innovation with the Bathwater: Why Ariosa v. [read post]
31 May 2010, 11:57 am by law shucks
No matter what kind of move you make, follow Hiring Partner’s advice and keep the departure classy. [read post]
17 Apr 2010, 3:00 am by Rebecca Tushnet
Subject matter: he thinks that a sign that is not distinctive or that is generic is not a mark, so we’re not talking about permissible uses of marks but rather about things that are not within the subject matter—that’s his sleight of hand. [read post]
18 Jan 2007, 4:01 pm
Mark Gottlieb's record of disproportionately arresting Duke students for alcohol-related offenses. [read post]
8 Mar 2008, 1:58 am
This is another one of my favourites, despite the fact that Lynne appears to have a sticky exclamation-mark key on her keyboard!!!!!!!!!!!!! [read post]
13 Jul 2017, 9:01 pm by Vikram David Amar
Court of Appeals for the Federal Circuit (which handles federal intellectual property matters) struck down the statute on its face as violating the First Amendment. [read post]
27 May 2013, 5:42 am by Rebecca Tushnet
  We don’t ask how many people actually saw/heard other forms of broadcast advertising), it wasn’t an ad and thus AFL’s summary judgment motion had to be denied. [read post]
21 Sep 2008, 2:36 pm
The court wasn't convinced that this diminished the strength of the PRO-LITE mark. [read post]
26 Aug 2014, 12:46 pm
This view is even more prevalent among employees of foreign companies, which are viewed as easy marks. [read post]
1 Jun 2009, 4:08 am
Photograph the entire scene, including skid marks, road conditions, traffic signs, etc. [read post]
20 Jun 2018, 6:30 am by Kelly Phillips Erb
However, the cap will also hit homeowners who currently own houses near that $750,000 mark: They may be harder to unload in the next few years. 3. [read post]
17 Dec 2008, 5:00 am
A court is expected to settle the matter as early as next week. [read post]
13 Oct 2010, 7:04 am by admin
(This generally is used for internal procedural matters. [read post]