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16 Jun 2023, 12:04 pm
”[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
”[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
”[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, 7:15 pm
As the Director of ISOO, Mark A. [read post]
12 Jun 2023, 9:21 am
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 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]
8 Jun 2023, 12:22 am
(Note to Reader: No, I am really not making this up.) [read post]
7 Jun 2023, 9:01 pm
I am pleased to support these rules because they will enhance the integrity of the security-based swaps markets. [read post]
7 Jun 2023, 10:46 am
(Following Iancu, I wrote a column suggesting that Congress could amend the Lanham Act to focus more narrowly on profanity.) [read post]
7 Jun 2023, 6:05 am
Supreme Court – could influence the results of this imminent election before voters mark a single ballot. [read post]
5 Jun 2023, 8:00 am
Next, I used the Congress filter on the left to select the 43rd Congress (1873-1875). [read post]
5 Jun 2023, 5:00 am
If we want to stop or reverse this trend, Congress must act. [read post]
1 Jun 2023, 10:00 am
” This right marks one of the few opportunities for the public to directly influence agency agenda-setting, and, in light of the importance of agenda-setting in public policymaking, it therefore marks one of the most potentially democratic mechanisms in the APA. [read post]
31 May 2023, 5:16 am
" Testifying before Congress on multiple occasions regarding cybersecurity issues and policies, including testifying before the Senate Select Committee on Intelligence and the House Committee on Science, Space, and Technology. [read post]
28 May 2023, 7:01 am
Additionally, in January of this year, four Oath Keepers were convicted of seditious conspiracy for their actions in the Capitol riots—marking the first time the seditious conspiracy statute (18 U.S.C. [read post]
25 May 2023, 1:33 pm
Ante, at 20, 22 (internal quotation marks omitted). [read post]
25 May 2023, 5:31 am
I suggested that Congress revisit JASTA to nix Halberstam and supply factors specific to acts of international terrorism. [read post]
24 May 2023, 10:16 am
The agreement gives me more optimism than I had a month ago. [read post]
24 May 2023, 6:51 am
” A list of 11 names popped up, starting with Mark Felt of “Deep Throat” Watergate fame. [read post]
23 May 2023, 9:01 pm
Other Trends Before I close, I&rsqu [read post]