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2 Aug 2011, 1:05 am by Kevin LaCroix
As numerous commentators have noted, one of the most distinctive litigation developments over the last twelve months has been the emergence of U.S. securities litigation against Chinese companies that obtained their listings on U.S. exchanges that a “reverse merger” with a publicly traded U.S. shell company. [read post]
28 Jul 2011, 6:59 am by Allan Erbsen
An interesting aspect of the Court's recent decision in Goodyear Dunlop Tires Operations, S.A. v. [read post]
25 Jul 2011, 1:40 pm by Ilya Shapiro - Guest
So many pixels have been spilled on this already that it would be a shame if Peter Spiro is right that the Court will duck Arizona v. [read post]
25 Jul 2011, 4:33 am by SHG
California, 314 U.S. 252, 271)(1941). [read post]
25 Jul 2011, 4:23 am by John Day
Twombly, 550 U.S. 544 (2007), and Ashcroft v.Iqbal, ___ U.S. ___, 129 S. [read post]
24 Jul 2011, 6:12 pm
The same can apply for color trade marks and trade dress in the U.S. as long as the color has acquired a "secondary meaning" and is non-functional, i.e. the color does not function except as an indication as to source (Qualitex v Jacobson) Ask any shopper on Fifth Avenue and the AmeriKat thinks one could quickly come to the conclusion that the primary function of the red-sole is that of indicating the source of the shoe as being Louboutin - that or signalling to the poor… [read post]
23 Jul 2011, 4:46 am by Marty Lederman
" (It's worth noting, in passing, that it's not at all obvious that P&V's suggestion wouldn't exacerbate the "serious threat"--is it really plausible, for instance, that other nations would lend us trillions of dollars on the President's say-so that he has some unilateral authority to incur such debts even when barred by statute, and his assurances that the U.S. will repay such debts in the teeth of congressional opposition and the furor… [read post]