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21 Jun 2016, 8:39 am by MBettman
(“[W]e employ a two-step test to determine whether a record is exempt as a confidential law enforcement record under R.C. 149.43: ‘First, is the record a confidential law enforcement record? [read post]
21 Jun 2016, 8:05 am by Rebecca Tushnet
Music owner may claim 100% of revenue based on 30 seconds in hour long video. [read post]
20 Jun 2016, 4:31 pm
Deena Fawcett Who Retires After 30 Years of Public ServiceSACRAMENTO—Administrative Presiding Justice Vance W. [read post]
16 Jun 2016, 8:17 am by Steven Koprince
” The Court explains that “[w]hen the Department places an FSS order, that order creates contractual obligations for each party and is a ‘contract’ within the ordinary meaning of that term. [read post]
16 Jun 2016, 8:00 am by Robert Kreisman
Kreisman Law Offices has been handling medical malpractice cases, birth injury cases, nursing home abuse cases and catastrophic injury cases for individuals and families who have been harmed, injured or died as a result of the carelessness or negligence of a medical provider for more than 40 years in and around Chicago, Cook County and its surrounding areas, including New Lenox, Long Grove, Algonquin, Antioch, Bannockburn, Barrington, Bellwood, Elmwood Park, Melrose Park, Franklin Park,… [read post]
16 Jun 2016, 6:28 am
 [2]              “[W]e think it important to emphasize two fundamental principles governing our responsibility as a reviewing court. [read post]
14 Jun 2016, 7:40 am by Aaron Rubin
But Transunion’s implementation failed to clearly connect those two things: [W]hat cinches the case for Sgouros is the fact that TransUnion’s site actively misleads the customer. [read post]
13 Jun 2016, 9:23 am by Rebecca Tushnet
Clients say “I’ve read Amarin, I can say anything as long as I do a 10-person study. [read post]
13 Jun 2016, 8:04 am by Rebecca Tushnet
Pharmacy did something interesting w/truth, fleshed out by Central Hudson. [read post]
12 Jun 2016, 8:35 am by Ilya Somin
Prominent takings expert Robert Thomas has a summary of the decision at the Inverse Condemnation blog: [T]he North Carolina Supreme Court has issued an opinion in an important case we’ve been following for a long time, Kirby v. [read post]
10 Jun 2016, 9:16 am by Rebecca Tushnet
Same is true for word marks, but we’re more willing to assume that long exposure to word = treat it as a TM. [read post]
10 Jun 2016, 7:35 am by Rebecca Tushnet
  I don’t disagree w/idea that eBay should apply but have substantial concerns w/applications, particularly in 9th Cir. [read post]
9 Jun 2016, 9:01 pm by John Dean
This litigation was commenced long before anyone, probably including Trump himself, knew that he was going to run for president, not to mention obtain the Republican nomination. [read post]
9 Jun 2016, 12:13 pm by Rebecca Tushnet
 Dogan: as long as there are alternatives that work plausibly well in the marketplace, feature protection is allowed. [read post]
9 Jun 2016, 9:40 am by Rebecca Tushnet
Waiting for likely confusion is, as many have argued over the years, waiting too long. [read post]
9 Jun 2016, 7:38 am by Rebecca Tushnet
Europe has a problem w/that b/c we haven’t recognized that something might have just gotten over the line of protectability when we later analyze its scope. [read post]
9 Jun 2016, 5:51 am by Eugene Volokh
I blogged two weeks ago about a First Amendment challenge to California Penal Code § 9026.5, which makes it a crime to rebroadcast televised California Assembly proceedings “for any political or commercial purpose, including, but not limited to, any campaign for elective public office or any campaign supporting or opposing a ballot proposition submitted to the electors. [read post]