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” [27] The magazine’s use of Hoffman’s image was not commercial speech due to the fact that “[a]ny commercial aspects are inextricably intertwined with expressive elements, and so they cannot be separated out from the fully protected whole. [read post]
7 Feb 2008, 10:46 am
" Id. at 513 (concurring and dissenting opinion).Sure, Lohr involved express medical device preemption, but the issue of what is "different from" an FDA requirement isn't all that far from the implied preemption question of whether there's a "conflict" with an FDA action. [read post]
12 Jul 2021, 9:40 am by Eugene Volokh
Mar. 5, 2004) (citations omitted). [215] Eugene Volokh, The "Speech Integral to Criminal Conduct" Exception, 101 Cornell L. [read post]
15 Jan 2019, 6:51 pm
  By the end of the opinion what emerges clearly are the convictions at data is never neutral, but is instead the expression of politics which is for Congress to control, and that transparency is not a primary premise of the gathering of information that is the Census. [read post]
13 Oct 2008, 12:12 pm
ECJ clarifies rules relating to notice: K-Swiss Inc v OHIM (Class 46) EU Competitiveness Council resolution against counterfeiting and piracy (Class 46) EU states back three-point anti-piracy plan (Managing Intellectual Property) Fuel cells and wind power lead European patent filings for clean energy technology (Green Patent Blog) More non-minor geographical indicator (GI) amendments published (Class 46) No sign of any Community patent progress, despite Verheugen's optimism (IAM) The… [read post]