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25 Jun 2022, 4:02 am by Rebecca Tushnet
Saying that naked licensing is about consumer perception is unlikely to help because consumers are extremely unlikely to give any thought to the Q who controls the quality of this store, except perhaps when they assume a national franchisor where there is a lot of secondary meaning—they’d need so much information, both legal and factual, to answer the question that it’s probably not worth asking. [read post]
24 Jun 2022, 12:30 pm by John Ross
This week, the Supreme Court handed parents and students a major victory in Carson v. [read post]
24 Jun 2022, 6:30 am by Guest Blogger
  To a political scientist, one way is by viewing it as a power play by the rabbinate, an attempt many centuries before the United States Supreme Court’s decision in Cooper v Aaron to engage in a performative utterance establishing themselves as the “ultimate interpreters” of the document in question, whether the Torah or the Constitution. [read post]
24 Jun 2022, 4:36 am by Rebecca Tushnet
D, but ornamentality is interesting b/c it might divest you of rights, but also might help prove nonfunctionality for protection purposes. [read post]