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2 Aug 2022, 6:30 am by Guest Blogger
This post was prepared for a roundtable on Wrestling with Religious Diversity, convened as part of LevinsonFest 2022—a year-long series gathering scholars from diverse disciplines and viewpoints to reflect on Sandy Levinson’s influential work in constitutional law. [read post]
1 Aug 2022, 2:51 am
 In re Cali Banh Mi Inc., Serial No. 90000386 (July 29, 2022) [not precedential] (Opinion by Cynthia C. [read post]
27 Jul 2022, 10:35 am by Guest Author
*This is the seventh post in a symposium on William Novak’s New Democracy: The Creation of the Modern American State. [read post]
Even if the courts eventually decide, in some cases, that it is necessary, we can expect a good deal of litigation on this point. [read post]
25 Jul 2022, 1:52 pm by Geoffrey Manne
By design—and not for good reason, but for political expediency—AICOA is riddled with intentional uncertainty. [read post]
21 Jul 2022, 3:36 am
Alas, the Northsiders successfully opposer an application to register the "C" design mark shown to the right, for various clothing items, on the ground of likelihood of confusion with the Cubs' registered "C" logos for baseball games and exhibition services and a variety of  goods, including clothing. [read post]
20 Jul 2022, 10:43 am by Rebecca Tushnet
At this stage, the court need not resolve whether plaintiffs pled—or could prove—any rights in “color copper” the phrase on its own or colorcopper.com, the registered design mark sufficed to plead ownership of a protectable mark. [read post]
20 Jul 2022, 6:30 am by Guest Blogger
  That’s what both Sandy and Mark are doing. [read post]
19 Jul 2022, 2:59 pm by Kevin LaCroix
In the following guest post, the authors revisit the question of whether or not securities class action lawsuits against development-stage biotech companies are likelier to survive a motion to dismiss compared to securities suits against other kinds of companies. [read post]
19 Jul 2022, 1:55 am by Kevin Kaufman
(c) The sales taxes in Hawaii, New Mexico, and South Dakota have broad bases that include many business-to-business services. [read post]
13 Jul 2022, 6:25 am by Eleonora Rosati
In providing guidance on how to intend the concept of bad faith in these situations, the GC ruled out that in the specific case at hand the trade mark owner’s behaviour would be caught within the scope of application of Article 59(1)(b) EUTMR.Let’s see what happened.BackgroundIn 2013, Ladislav Zdút successfully applied to register the figurative mark below as an EU trade mark (EUTM) for goods in classes 18, 25, and 25. [read post]
13 Jul 2022, 6:04 am by Russell Knight
The black mark of a criminal conviction is often too much to bear for the innocent spouse. [read post]
11 Jul 2022, 4:21 am
"[C]onsumers will likely view the terms FRESH and ROSE FARM in their descriptive senses rather than source-identifying elements of either mark. [read post]
11 Jul 2022, 4:06 am by SHG
As justices sit with life tenure upon good behavior, it’s entirely up to them and the grim reaper when they decide to vacate their seat. [read post]
9 Jul 2022, 4:18 am by Eleonora Rosati
As a result, “only a mark which departs significantly from the norm or customs of the sector of the goods and services at issue and thereby fulfils its essential function of indicating origin is not devoid of any distinctive character” (Vuitton, T-105/19, para 17).Over the past two years alone, the following marks failed to satisfy the “significant departure” test: A significant – though rather isolated – exception in this review is… [read post]