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20 Sep 2014, 1:06 pm
L. [read post]
20 Sep 2014, 11:07 am
The Circuit essentially ignored this precedent because it was unpublished and thus had no “precedential value. [read post]
19 Sep 2014, 7:00 am
”[33] Thus, the presence of an online store selling defendant’s products was insufficient to render all of defendant’s dieting advice “commercial. [read post]
18 Sep 2014, 4:37 am
James L. [read post]
17 Sep 2014, 7:00 am
Importantly, the court will look to the speech itself, and not the general purpose of the regulation in making this determination—thus safeguarding against well-intentioned but unconstitutionally broad legislation.[26] If the speech however is not false, misleading, or illegal, then the inquiry turns to whether the asserted government interest is substantial. [read post]
16 Sep 2014, 7:27 pm
L. [read post]
16 Sep 2014, 10:49 am
Matters that did not directly engage such relations, including NIACs, were thus generally excluded. [read post]
16 Sep 2014, 4:21 am
Fortunately, less than a day ago, the Seventh Circuit explicitly rejected the transformative use test, noting that “To say a new use transforms a work is precisely to say that it is derivative and thus, one might suppose, protected under §106(2). [read post]
16 Sep 2014, 3:52 am
Thus the links to these documents creates an association between the mark and the offered services activity. [read post]
16 Sep 2014, 3:30 am
L. [read post]
15 Sep 2014, 11:00 am
HUBBARD, AND ARETHA L. [read post]
15 Sep 2014, 7:34 am
Ridings, Wendi L. [read post]
13 Sep 2014, 11:20 am
Johns-Manville Products Corporation: Revolution-or-Aberration in Products Liability,” 52 Fordham L. [read post]
12 Sep 2014, 11:18 am
The new United Nations High Commissioner for Human Rights, Mr. [read post]
10 Sep 2014, 8:35 am
I have been considering the recent moves by the Human Rights Council to begin considering a treaty to replace/amplify/substitute/supersede the Guiding Principles for Business and Human Rights that the HRC has itself only recently and unanimously endorsed. [read post]
10 Sep 2014, 7:17 am
Fort Wayne, Indiana - Judge Theresa L. [read post]
9 Sep 2014, 6:20 pm
(Pix (c) Larry Catá Backer 2014) Since 2010, I have been posting on the development of a new course I have been developing for our first year law school students, "Elements of Law. [read post]
9 Sep 2014, 9:34 am
Ct. 529, 86 L. [read post]
9 Sep 2014, 6:07 am
L. [read post]
9 Sep 2014, 4:05 am
Thus, the authors’ solution would seem to apply only in those cases in which joint representation is found. [read post]
