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8 Dec 2022, 5:48 am by Eugene Volokh
(written by Presiding Judge Mark Gundrum and joined by Judges Lisa Neubauer and Shelley Grogan): [Plaintiff Mark] Gierl's petition for a writ of mandamus states: On June 24, 2020, the District sent out an email inviting "parents and guardians in our school community to participate in a webinar this Friday on the topic of privilege and race. [read post]
8 Dec 2022, 4:08 am by Emma Snell
“Russia has stopped threatening to use nuclear weapons in response to the international community marking a red line,” he said. [read post]
8 Dec 2022, 2:49 am by Rob Robinson
HaystackID® nSight® Search Source: ComplexDiscovery The post X Marks the Spot? [read post]
7 Dec 2022, 5:46 pm by Ilya Somin
In a ruling issued on November 10, federal District Court Judge Mark T. [read post]
7 Dec 2022, 5:23 pm by William Boyd
All of this is coming on top of record high inflation and a post pandemic global economy marked by rising levels of precarity and unrest. [read post]
7 Dec 2022, 12:01 pm by Mark Ashton
A Divorce Lawyer’s Holiday Engagement “Wish List” Next week will mark this writer’s 42 year of admission to the Pennsylvania Bar. [read post]
7 Dec 2022, 10:47 am by Felicia Boyd (US)
No. 22-148 (Aug. 5, 2022). [3] Id. [4] The Rogers test states that expressive works may use another’s trademark unless (i) the mark has no artistic relevance to the underlying work; or (ii) use of the mark is explicitly misleading. [read post]
7 Dec 2022, 10:47 am by Felicia Boyd (US)
No. 22-148 (Aug. 5, 2022). [3] Id. [4] The Rogers test states that expressive works may use another’s trademark unless (i) the mark has no artistic relevance to the underlying work; or (ii) use of the mark is explicitly misleading. [read post]
Their concerns are certainly valid–if the Ninth Circuit’s approach is adopted in this case, trademark owners will likely have a more difficult time bringing infringement actions against parodies of their marks and trade dress. [read post]
7 Dec 2022, 9:08 am by Geoff Schweller
Representative Mark DeSaulnier (D-CA) introduced the Offshore Oil and Gas Worker Whistleblower Protection Act on December 2. [read post]
7 Dec 2022, 3:57 am
It then observed that "[w]here a party uses a weak mark, his competitors may come closer to his mark than would be the case with a strong mark without violating his rights. [read post]
6 Dec 2022, 2:25 pm by Jacob T. Elberg
Both Liu and the defendant company’s counsel, Mark Mosier, urged the court not to have sympathy for whistleblowers who spend years litigating cases before DOJ seeks to dismiss, arguing whistleblowers know that is the way the system works when they file a qui tamand choose to proceed despite the risks after the government declines to intervene. [read post]
6 Dec 2022, 8:28 am by Eugene Volokh
" Anyone listening carefully to the argument will discover that this framing is off the mark. [read post]
6 Dec 2022, 8:12 am by David Oscar Markus
  His case is assigned to Judge Gayles. [read post]
6 Dec 2022, 8:02 am by Howard Bashman
“The Easy-to-Miss Twist That Makes the Supreme Court’s New Gay Rights Case So Strange; A graphic designer refuses to make custom websites for same-sex weddings; Colorado says that’s fine”: Mark Joseph Stern has this jurisprudence essay online at Slate. [read post]
6 Dec 2022, 7:29 am by Stewart Baker
Jamil Jaffer and Mark MacCarthy walk us through both stories and respond to the provocative question, what’s the difference? [read post]
6 Dec 2022, 5:47 am by Eugene Volokh
But a fair review of the record indicates that Hening's case is based on more than supposition; indeed, ample circumstantial evidence undergirds her claim and gives rise to genuine issues of material fact about Adair's true motives and actions. [read post]