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20 Jan 2025, 11:29 am by Jocelyn Bosse
Arnold LJ held that it was "illegitimate to dissect the Sign into its constituent elements for the purposes of applying section 11(2)(b), and to argue that, because some of those elements are descriptive, the Sign as a whole falls within section 11(2)(b)".As for the honest commercial defence, Arnold LJ referred to his list of factors set out in Samuel Smith v Lee and held that Aldi's packaging "was not in accordance with honest practices in industrial and… [read post]
20 Jan 2025, 4:00 am by Howard Friedman
Online 1 (2023)).Gader Wren, Dobbs: A Powerful Opinion with Discrete Weaknesses, (Idaho Law Review Spotlight, Vol. 2 (2023), Iss. 1, Art. 2).Kate Redburn, The Equal Right to Exclude: Religious Speech and the Road to 303 Creative LLC v. [read post]
20 Jan 2025, 3:13 am by INFORRM
On Friday 17 January 2025, there was a hearing of an application in the case of Ben-Yair & Yair v Peaford KB-2024-003964. [read post]
16 Jan 2025, 12:10 pm by Juli Porto
The Supreme Court of Virginia reverses and remands a significant ineffective assistance of counsel case in one of the three opinions it issues today. [read post]
16 Jan 2025, 10:22 am
Smith, 342 Conn. 582, 271 A.3d 53 (2022) applicability test; Offers of compromise) [read post]
15 Jan 2025, 4:00 am by Michael C. Dorf
The bulk of the report addresses two issues: (a) it painstakingly explains why Trump's conduct was criminal and prosecutable, even after the Supreme Court's immunity ruling in Trump v. [read post]
14 Jan 2025, 12:00 pm by Guest Blogger
While accepting that there has been a shift from color-blind v. race-conscious to protect v. repair, Fleming and McClain  query how “fundamental” this change is. [read post]
14 Jan 2025, 11:23 am by Tom Joscelyn
Trump’s Ellipse Speech incited the violence at the Capitol on January 6 and could satisfy the Supreme Court’s standard for ‘incitement’ under Brandenburg v. [read post]