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21 Oct 2022, 3:45 pm by Eugene Volokh
[The facts are complicated, and involve a good deal more than just disagreement as to gender identity; but it seems to me like an important controversy.] [read post]
21 Oct 2022, 12:22 pm by Jake Abdo
An iconic album … A genre-defining film … The late musical genius from Minnesota… In a precedential decision, NPG Records, LLC and Paisley Park Enterprises, LLC v. [read post]
21 Oct 2022, 8:43 am by Stephen Rosenberg
The legal skill needed to actually win a case for a participant shouldn’t be underestimated, and it is good to see the Court recognize that with a corresponding billable rate. [read post]
21 Oct 2022, 8:30 am by Camilla Hrdy
.'s 696147, 4242307, 4200433.These registrations serve as "prima facie evidence" of, among other things, The Coca-Cola Company's "exclusive right to use the registered [trade dress] in commerce on or in connection with the goods or services specified in the registration[,]" subject to defenses such as abandonment, descriptive fair use, and functionality. [read post]
21 Oct 2022, 6:30 am by Second Circuit Civil Rights Blog
But the courts want you to produce evidence of these discriminatory motivations that many plaintiffs are unable to deliver.The case is Tassy v. [read post]
20 Oct 2022, 8:51 am by Will Baude
[An insightful point from oral argument in National Pork Producers v. [read post]
19 Oct 2022, 7:39 pm by James Kwong
  GuestKat Jan Jacobi wrote a post on two recent decisions by the Dutch courts (Jaguar Land Rover v Ineos and Vitra v Kwantum) with diverging approaches to Article 2(7). [read post]
19 Oct 2022, 10:00 am by Mavrick Law Firm
“A mark is ‘descriptive’ if it is descriptive of: the intended purpose, function or use of the goods, the size of the goods, the class of users of the goods, a desirable characteristic of the goods, or the end effect upon the user. [read post]
19 Oct 2022, 6:30 am by Guest Blogger
Wade (1973) (as later limited by Planned Parenthood v. [read post]
19 Oct 2022, 6:17 am by Jocelyn Hutton
The remedy should not be out of all proportion to the detriment suffered without good reason, but this only serves as a useful cross-check for potential injustice. [read post]