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1 Apr 2013, 3:19 am by John L. Welch
., 456 U.S. 844, 214 USPQ 1, 4 n.10 (1982): a feature is considered to be functional mark in the utilitarian sense if it is “essential to the use or purpose of the article,” or if it “affects the cost or quality of the article. [read post]
29 Mar 2013, 4:02 am by John L. Welch
TTAB Sustains Opposition to "BASEBALLS EVIL EMPIRE" on Confusion and False Association GroundsFood Fight! [read post]
28 Mar 2013, 4:16 pm by Jeff Gittins
S.B. 101 makes technical revisions to sections 73-3-10, 73-3-18, 73-3-20, and 73-5-13. [read post]
28 Mar 2013, 2:39 pm by Glenn
Yet Google does not control the Internet’s physical network and is thus not a bottleneck. [read post]
28 Mar 2013, 12:26 pm by Terry Hart
However, unlike cable TV providers that license television programming from copyright owners, Aereokiller has taken the position that it does not need a license. [read post]
27 Mar 2013, 9:07 am by Graham Smith
  If you would prefer to cut to the chase, here are my ten axes along which copyright and freedom of expression intersect:1. [read post]
26 Mar 2013, 4:27 pm by Lisa Baird
We will also analyze Medicare claims data to determine whether PODs we identify in our review are associated with high use of spinal implants. [read post]
26 Mar 2013, 7:22 am by Devlin Hartline
Last month, Righthaven finally had its day before the Ninth Circuit when it participated in oral arguments in two of its appeals (audio available here).1 These appeals almost didn’t happen. [read post]
24 Mar 2013, 12:49 pm
Breeden refers to a recent study in the Journal of the American Medical Association (JAMA) finding that the percentage of hysterectomies performed robotically jumped in the last three years from less than 1 in 100 to 1 in 10. [read post]
22 Mar 2013, 11:50 am by Michael Froomkin
Last night I attended the Coral Gables Commission Candidates’ Forum for the Mayoral Candidates, organized by the Ponce Business Association. [read post]
22 Mar 2013, 7:55 am by Ken
For example: Tenth Affirmative Defense Unclean Hands 10. [read post]
21 Mar 2013, 9:19 pm by Gregory McNeal
  Spencer Ackerman nicely sums things up when he writes: The congressional reporting requirements for so-called Title 50 programs (stuff CIA does, to be reductive) are more specific than those for Title 10 (stuff the military does, to be reductive). [read post]
21 Mar 2013, 6:00 am by Michael B. Stack
Can you give the worker a 10 minute break for every hour worked? [read post]
20 Mar 2013, 12:16 pm by Stephen Bilkis
A New York Custody Lawyer said that, respondent-mother admitted to ACS ESC and Police at the 47th precinct that on June 8, 2009, the child, woke up around 1:00 p.m. and was fussing and crying and didn't want to sleep. [read post]
18 Mar 2013, 6:30 am by Benjamin Wittes
The revelation 11 days ago that the executive branch does not claim the authority to kill an American non-combatant – something that was not, is not, and should never be an issue – is big news, and trumpeted as a major victory for congressional oversight. [read post]
18 Mar 2013, 2:11 am by Peter Mahler
” The court amplified its ruling as follows: Although plaintiff is not entitled to the “fair value” of the stock under Business Corporation Law § 1118 (b) because he does not own 20% of the outstanding shares and there is no evidence that defendant has engaged in “illegal, fraudulent or oppressive actions” toward plaintiff (§ 1104-a [a] [1]), it does not follow, as defendant suggests, that plaintiff is entitled only to book value. [read post]
17 Mar 2013, 1:28 pm by Larry Catá Backer
The extent of this sup- port does, however, raise the question of whether the Aynak mine is justified on a commercial basis. [read post]