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27 Jan 2017, 12:04 pm by Rebecca Tushnet
  Macro: it is more attractive on the whole even if I’m not going to purchase disparagingly marked products. [read post]
19 Feb 2016, 11:57 am by Rebecca Tushnet
 Rebecca Tushnet, The First Amendment Walks into a Bar: Trademark Registration and Free Speech I’m going to talk fast so you have maximum time to yell at me. [read post]
16 Apr 2018, 4:11 am by Rebecca Tushnet
– strong signals.Rebecca Tushnet: with Ramsey present I don’t have to be the optimistic advocate for working the law pure, so I can be the cynic. [read post]
15 Jun 2009, 3:00 am
: Urooj Ahmad v Maya Appliances (IP Frontline) Ireland Commercial Court makes first Community designs ruling: Karen Millen Ltd v Dunnes Stores (International Law Office) Israel Boy from package of Israeli chocolate drink sues Elite for 5 million NIS (The IP Factor) Kenya Court of Appeal declines to set aside High Court order restraining Delta Connections from using DELTA (Afro-IP) South Africa South African Revenue Services loses two recent cases relating to IP: SABC and Crocs/Moresport… [read post]
25 Feb 2016, 12:46 pm by Eric Goldman
Just last week, I awarded the Judge-of-the-Day award to a different Florida federal judge, Judge Mark E. [read post]
6 Jun 2018, 4:29 am by Edith Roberts
” Additional commentary comes from Mark Pulliam at American Greatness, Louise Melling at Slate, Leslie Griffin at ACS Blog, the First Amendment Blog, Kate Shaw in an op-ed for The New York Times, Silas House, also in a New York Times op-ed, Julia Raifman and Michael Ulrich at WBUR’s Cognoscenti blog, Cullen Seltzer at Sands Anderson, Steve Schiffrin at Religious Left Law, Mark Tushnet at Balkinization, Christine Emba in an op-ed for The Washington Post,… [read post]
18 Nov 2010, 5:34 pm by Kelly
Amazon (Technology & Marketing Law Blog) (Rebecca Tushnet’s 43(B)log) US Trade Marks & Domain Names – Lawsuits and strategic steps Warren Weitzman – The Heebie Jeebies – Domain monetisation through click through traffic: Warren Weitzman v. [read post]
5 Dec 2008, 3:00 pm
  France Paris Appeal Court: Che Guevara’s portrait: an icon, not a trade mark (Class 46)   Germany German banks move towards deal on patent collateralisation (IAM) Munich Regional Court dismisses actor/comedian Michael ‘Bully’ Herbig’s trade mark and personality rights infringement case against Take Two Interactive over ‘Bully – Die Ehrenrunde’ computer game (Class 46) Polar bear Knut and the… [read post]
9 Apr 2009, 9:27 am
KG v President of Gernamn Patent- und Markenamt (IPKat) Geobra Brandstätter assert copyright against vicar Pfarrer Markus Bomhard for using ‘deformed’ Playmobil figurines to depict biblical scenes (IPKat) (The IP Factor) Bundesgerichtshof on when a trade mark is distinctive enough to qualify for registration: STREETBALL case (Class 46) Still no infringement of Tuc cracker shape, says German appellate court (Class 46)   Greece Well-known MOUYER trade… [read post]
7 Sep 2021, 5:20 am by Michael C. Dorf
As Harvard Law Professor Mark Tushnet wrote last week for a German audience: "In many European constitutional systems the route to challenging a bill like SB8 would be simple: Legislators would file an ex ante or 'abstract review' challenge to the bill in the constitutional court. [read post]
13 Mar 2013, 6:35 pm by JB
Mark Tushnet has pointed out to me that he believes that someone like Anthony Kennedy is likely to vote for gay rights in the Marriage Cases--or at least not to vote on the merits against gay rights--because he doesn't want to be remembered as being like Henry Billings Brown, the author of Plessy v. [read post]
16 Jun 2019, 8:00 am by Guest Blogger
     I would be remiss if I did not pause here to observe -- once again, contra to Mark Tushnet’s dismissal of any relationship between the views of the political (and economic, and theological, etc.) thinkers I recount in my book and Reagan administration, Supreme Court, and legal academic originalism -- that, as it happens, Gary Lawson, a major figure in the latter three endeavors, testifies that, in fact, he read deeply in it (although, to be sure, in… [read post]
5 Jul 2016, 3:03 pm by Mark Graber
  Mark Tushnet, a prominent skeptic of judicial power, now calls on young progressives in the legal academy to propose theories of liberal judicial activism, abandoning their previous “defensive crouch. [read post]
22 Mar 2019, 2:05 pm by Andrew Koppelman
Mark Tushnet correctly respondsthat the reaction “looks a lot like counter-speech to me, and there's no indication that the protests and support groups interfered with the ability of those attending the event to hear what the speaker had to say. . . . [read post]
18 Apr 2017, 6:15 pm by Morgan Weiland
Graber, Mark A., Transforming Free Speech: The Ambiguous Legacy of Civil Libertarianism (1991). [read post]
23 Aug 2018, 6:22 am by Mark Graber
Last fall, Sandy Levinson, Mark Tushnet and I asked thirty-five of the leading experts on constitutionalism to consider the state of constitutional democracy with respect to particular countries, regions and problems. [read post]
25 Jun 2020, 1:32 pm by David Super
  I also share Mark Tushnet’s fearthat, because both criminal investigations and the impeachment process were so severely obstructed, we likely are aware of a much smaller fraction of the wrong-doing that has occurred than we were in previous national scandals:  we cannot weigh the merits of leniency when we know only a slender fractionof what happened. [read post]
30 Oct 2018, 9:14 am by David Pozen
” Absolutist constitutionalism, in Mark Tushnet’s formulation, occurs when “a single decisionmaker motivated by an interest in the nation’s well-being consults widely and protects civil liberties generally, but in the end, decides on a course of action in the decisionmaker’s sole discretion, unchecked by any other institutions. [read post]
16 Feb 2016, 8:30 am by Mark Graber
  As Mark Tushnet observes, Scalia often wrote for the evening news or the blogs rather than for legal analysts. [read post]