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21 Feb 2024, 9:01 pm by Samuel Estreicher and Klara Nedrelow
South Africa contends that Israel has commissioned acts capable of falling within Article II (a), (b), (c), and (d) of the Genocide Convention by “killing Palestinians in Gaza, causing them serious bodily and mental harm, and inflicting upon them conditions of life calculated to bring about their physical destruction. [read post]
21 Feb 2024, 7:46 am by Eugene Volokh
[W]e hold the district court committed legal error by understating the woman's interest in anonymity, appearing to announce a general rule that fairness considerations invariably cut against allowing a plaintiff to be anonymous at trial unless the defendant is also anonymous, and failing to recognize the significance of its default judgment on liability…. [read post]
18 Feb 2024, 9:54 am by Giles Peaker
The issue was whether sections 19(2)(b), (c) and (d) applied. [read post]
16 Feb 2024, 12:13 pm by Rebecca Tushnet
Title may seem surprising b/c Dogan advocated for TM use to distinguish b/t secondary and direct liability in TM law. [read post]
16 Feb 2024, 10:23 am by Rebecca Tushnet
Hidden in ordinary case b/c the use complained of is the D’s use to create the D’s work. [read post]
16 Feb 2024, 6:30 am by Guest Blogger
The former president had not forgotten how Brandeis had humiliated him and his attorney general, George W. [read post]
15 Feb 2024, 9:22 am by centerforartlaw
The parties agreed to not use the term “oligarch” in the proceedings.[29] From the 38 works Rybolovlev bought through Bouvier, 12 were arranged with assistance from Sotheby’s to Bouvier, and only four of those were at issue in trial.[30] These four include Leonardo da Vinci’s Salvador Mundi, Modigliani’s Tete, Klimt’s Wasserschlangen II, and Magritte’s Domaine d’Arnheim. [read post]
8 Feb 2024, 9:36 am by Eugene Volokh
If A conspires with B who conspires with C, all are linked in one conspiracy—even if A does not even know that C exists (and vice versa) and even if their specific plans diverge in many details.[23] (This is why the Amar brief repeatedly speaks of, for example, "Floyd and other top officials" and "Floyd and his allies. [read post]
5 Feb 2024, 9:11 am by Marcel Pemsel
The radiator grilles included, like the originals, a carved space for inserting and mounting Audi’s logo, corresponding to the outline of Audi’s EU trade mark, which presumably looked like this: Audi sued the defendant before the Sąd Okręgowy w Warszawie (Regional Court of Warsaw) for trade mark infringement. [read post]
3 Feb 2024, 4:54 pm by Rebecca Tushnet
” But this is smoke and mirrors: they claim rights b/c it’s authentic and it’s authentic b/c they claim rights. [read post]
3 Feb 2024, 2:59 pm by Rebecca Tushnet
Harry Potter Lexicon: “Perhaps b/c [D] is such a Harry Potter enthusiast, the Lexicon often lacks restraint in using Rowling’s original expression” Salinger v. [read post]
3 Feb 2024, 10:59 am by Rebecca Tushnet
There’s also resonance with the defense of overreaching C&D letters—“we have to protect our trademark! [read post]
2 Feb 2024, 2:56 pm by Rebecca Tushnet
Traditional narratives about goodwill are flawed b/c they don’t go back before the 19th century. [read post]