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20 May 2014, 7:15 pm by Richard M. Re
It's time to talk about what really matters:  the underrated use of exclamation marks in Supreme Court opinions. [read post]
3 Aug 2016, 7:17 am
In thirteen percent of the examined cases they weren’t using the marks at all. [read post]
8 Oct 2021, 7:38 am by Quinta Jurecic, Molly E. Reynolds
” It’s not clear to what extent Trump’s opinion on this matters, but he can certainly hold things up in court. [read post]
11 Nov 2016, 8:23 am by Rebecca Tushnet
As a matter of law, Tropper wasn’t vicariously liable for copyright infringement. [read post]
25 Nov 2008, 12:00 pm
" "[T]he view must still provide substantial, additional details to complete the image of the flag of Canada. [read post]
5 Feb 2009, 1:39 am
  I didn't get a Christmas card from him (of Avvo, for that matter). [read post]
28 Jun 2009, 6:29 am
So no, I mean, there are situations where the court obviously has to resolve, as a legal matter, issues that are of great political significance. [read post]
28 Oct 2013, 8:16 am by Steve Baird
Unfortunate, because this permission is frequently abused, especially by less experienced trademark counsel, or perhaps when the strength of a case doesn’t seem like enough without injecting an unhealthy dose of emotion into the matter. [read post]
12 Dec 2017, 7:08 am
"In other words, are 'HALAU' and 'HULA' essential and integral subject matter missing from the drawing? [read post]
21 Aug 2017, 2:56 am
Applicant called it "akin to packaging," but isn't it some "tertium quid" that is neither product shape nor packaging? [read post]
27 Dec 2023, 7:00 am
ADMINISTRATIVE PROCEEDING WAS FILED SOME 8 DAYS LATEWhen MF requested a religious accommodation from the NYC Board of Education’s vaccination mandate, not only was she denied same on March 7, 2022, by the City of New York Reasonable Accommodation Appeals Panel, but her subsequent challenge, filed with the New York County Supreme Court pursuant to CPLR Article 78, was similarly rebuffed.On appeal, the Appellate Division, First Department, noted that MF’s Supreme Court proceeding was… [read post]
9 Sep 2013, 5:01 am by Rebecca Tushnet
”  Pleading facts indicating that a mark is well-known doesn’t suffice. [read post]
13 Aug 2020, 7:53 am by Rebecca Tushnet
” Strength:  the court bungles conceptual strength (conflating suggestive and descriptive), but it doesn’t matter because (a) there’s not much evidence of marketplace strength and (b) it doesn’t matter anyway because this is a labeling case [the court doesn’t say (b) outright but it’s true]. [read post]
26 Jun 2013, 2:59 am by Robert Kraft
No matter your age, you want to feel healthy, energetic, and live an active life. [read post]
21 Apr 2015, 4:34 am by Rebecca Tushnet
Binding precedent establishes that §2(a) doesn’t violate the First Amendment because it doesn’t ban use of a mark. [read post]
19 Feb 2016, 2:50 pm by Rebecca Tushnet
The appearance of the drug doesn’t matter. [read post]
4 Nov 2013, 5:01 pm by oliver randl
The decision was based on the request filed on October 31.The Board of appeal found that the applicant’s right to be heard had been violated:Fundamental deficiencies[3] The appellant contests the decision of the ED essentially for both procedural and substantive matters. [read post]