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5 Jan 2016, 6:57 pm
A civil complaint does not preclude the government from seeking other legal remedies. [read post]
7 Dec 2016, 2:31 pm
John Deere Co., 383 U.S. 1,17–18 (1966); United States v. [read post]
9 Apr 2020, 4:26 am
Supreme Court precedent simply does not support the Board’s conclusion that a product packaging mark based on color can never be inherently distinctive.As the CAFC stated in Chippendales, 662 F.2d 1358 (citing Seabrook), nothing in the Wal-Mart decision affected established case law that product packaging may be inherently distinctive. [read post]
14 Aug 2015, 8:42 am
If you look at any long-standing social practice that relies on tradition, whether it be religion, custom, or law, you will discover that change does not occur in a single size, at a single rate, or in a single way. [read post]
18 Dec 2023, 4:00 am
It does not, however, fundamentally change our understanding of what the current iteration of the Roberts Court--led on hot-button issues by hard-right Justices and not John Roberts--is all about. [read post]
12 Jul 2019, 6:00 am
As John Bellinger, the former legal adviser for the U.S. [read post]
10 Dec 2018, 3:45 am
., of going forward, then shifts to the trademark holder to rebut the prima facie showing with evidence of either: (1) use of the mark during the statutory period; or (2) an intent to resume use. [read post]
7 Aug 2023, 4:00 am
Alvarez holds that lies, by themselves, cannot be made criminal, but it certainly does not stand for the proposition that lies can never be part of what makes a course of conduct criminal. [read post]
26 Jan 2016, 6:00 am
NovakTo turn a very long paper into a very short post, I’d like to make 3 quick points about the relationship of public utility to the Constitution and economic inequality:1. [read post]
5 Jan 2014, 9:19 am
In order to attain class certification, a class of plaintiffs is generally required to fulfill four requirements: 1. [read post]
3 Apr 2019, 6:55 am
The Board also affirmed an alternative refusal under Section 2(e)(1), deeming Applicant Hikari's proof of acquired distinctiveness under Section 2(f) to be inadequate in view of the highly descriptive nature of the term. [read post]
16 Jun 2017, 6:02 am
John Deere Co., 383 U.S. 1, 36 (1966). [read post]
8 Aug 2022, 2:26 am
Text Copyright John L. [read post]
24 May 2023, 9:24 am
Schechter(John Wiley & Sons). [read post]
23 Feb 2017, 1:36 pm
In a more recent post, John McGinnis—one of the prominent originalists at the conference I attended—has also come forth to say that I overestimated the incidence of the never-been-tried idea. [read post]
20 Feb 2013, 3:00 am
By contrast, we work within the “deontological” liberal tradition of John Rawls and Ronald Dworkin, which famously stresses the “priority of liberty” over governmental pursuit of ends (Rawls) and formulates rights as “trumps” limiting government (Dworkin). [read post]
8 Jun 2016, 1:24 pm
Although a guarantee of secrecy would undoubtedly be convenient for diplomats, the Court noted, expediency alone does not outweigh the public interest in transparency and oversight. [read post]
6 Mar 2015, 7:04 am
Text Copyright John L. [read post]
7 Jan 2013, 1:12 pm
Jan 1: In a 12th-plus hour, last minute, drama-packed deal, of the 112th Congress, the so-called fiscal cliff was avoided [See WIMS 11/8/12]. [read post]
7 Jan 2016, 7:45 am
(Richard Shotwell/Invision/Associated Press) In late 2014, a Florida trial court issued an injunction ordering billionaire businessman Alki David not to post about businessman John Textor and to remove posts about Textor. [read post]
