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3 Mar 2011, 3:06 pm
As a general matter, "[t]he more likely a mark is to be remembered and associated in the public mind with the mark's owner, the greater protection the mark is accorded by trademark laws. [read post]
2 Jun 2017, 11:59 am by Helen Klein Murillo, Benjamin Wittes
” In other words, “[f]or an investigation to be considered a proceeding . . . it must be more than a ‘mere police investigation. [read post]
20 Jun 2018, 11:53 am by Philip Bobbitt
But those conclusions are assessments of fact and intention, not matters of constitutional doctrine. [read post]
30 Aug 2024, 4:41 am by jonathanturley
As a message, F*** Joe Biden or its equivalent does not seek to engage the listener over matters of public concern in a manner that seeks to expand knowledge and promote understanding. [read post]
23 Sep 2010, 6:16 pm
Brunswick Corp., 288 F.3d 1359, 1366 ("[T]he claim term will not receive its ordinary meaning if the patentee acted as his own lexicographer and clearly set forth a definition of the disputed claim term in either the specification or prosecution history. [read post]
2 May 2016, 2:50 pm by Rebecca Tushnet
 Claggett: is this barred by §512 or can you use §512(f) or some other legal recourse? [read post]
9 Aug 2021, 2:38 pm by Rebecca Tushnet
Where the acts were clearly lawful under applicable non-bankruptcy law, courts use a balancing test, but that didn’t matter here because the literally false and intentionally misleading advertising campaign was not “ordinary course commercial conduct,” but rather unlawful under nonbankruptcy law.Defendants unhelpfully argued that they subjectively didn’t believe they were violating the stay, which didn’t matter. [read post]
10 Sep 2012, 11:18 am by Jonathan Bailey
Namely that most bad DMCA takedowns aren’t bad DMCA notices at all. [read post]
21 Sep 2010, 4:06 pm
Co., 501 F.3d 1307, 1313 (Fed. [read post]
6 Mar 2017, 1:10 pm by Eugene Volokh
Indiana (1973), where the court reversed Gregory Hess’s conviction for telling fellow demonstrators who were ordered off a street, “We’ll take the f—ing street later” or “We’ll take the f—ing street again. [read post]
4 Apr 2010, 1:39 pm
What it didn't find was that "readily" was indefinite. [read post]
18 Jul 2016, 9:23 am by Ron Coleman
(Nor, for that matter, is ‘tarnishing. [read post]
30 Mar 2023, 5:01 am by Eugene Volokh
Or say he can show that the statements about him are on a matter of "private concern" for libel purposes. [read post]