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10 Dec 2018, 3:45 am
., of going forward, then shifts to the trademark holder to rebut the prima facie showing with evidence of either: (1) use of the mark during the statutory period; or (2) an intent to resume use. [read post]
7 Aug 2023, 4:00 am by Michael C. Dorf
Alvarez holds that lies, by themselves, cannot be made criminal, but it certainly does not stand for the proposition that lies can never be part of what makes a course of conduct criminal. [read post]
25 Oct 2015, 10:05 am by Frank Pasquale
 1) From Federal to Private Lending: Out of the Frying Pan, Into the FirePrivate lenders are sure to be pleased by the editorial. [read post]
26 Jan 2016, 6:00 am by Guest Blogger
NovakTo turn a very long paper into a very short post, I’d like to make 3 quick points about the relationship of public utility to the Constitution and economic inequality:1. [read post]
12 Mar 2016, 8:50 am by Gritsforbreakfast
Though his record so far does not leave one sanguine that this may happen, the Board of Pardons and Paroles and Governor Abbott should step in to pardon the Kellers for innocence. [read post]
6 Oct 2018, 3:39 am
Nonuse/Specimen of Use/Failure to Function: TTAB Test: Does the Drawing of this Stylized "M" Mark Match the Specimen of Use? [read post]
5 Jan 2014, 9:19 am
In order to attain class certification, a class of plaintiffs is generally required to fulfill four requirements: 1. [read post]
3 Apr 2019, 6:55 am
The Board also affirmed an alternative refusal under Section 2(e)(1), deeming Applicant Hikari's proof of acquired distinctiveness under Section 2(f) to be inadequate in view of the highly descriptive nature of the term. [read post]
23 Feb 2017, 1:36 pm by Richard Primus
  In a more recent post, John McGinnis—one of the prominent originalists at the conference I attended—has also come forth to say that I overestimated the incidence of the never-been-tried idea. [read post]
20 Feb 2013, 3:00 am by Guest Blogger
By contrast, we work within the “deontological” liberal tradition of John Rawls and Ronald Dworkin, which famously stresses the “priority of liberty” over governmental pursuit of ends (Rawls) and formulates rights as “trumps” limiting government (Dworkin). [read post]
8 Jun 2016, 1:24 pm by Elena Chachko
Although a guarantee of secrecy would undoubtedly be convenient for diplomats, the Court noted, expediency alone does not outweigh the public interest in transparency and oversight. [read post]
14 Dec 2022, 6:30 am by Guest Blogger
This Essay focuses on three concerns: 1. [read post]