Search for: "US v. Burrell" Results 61 - 80 of 109
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15 Apr 2019, 6:22 am by Rebecca Tushnet
  Consider Milstein v. [read post]
24 Jun 2022, 4:36 am by Rebecca Tushnet
Relationship to use as a trademark; symmetry b/t types of use that might allow acquisition of rights v. types of use that might infringe? [read post]
18 Apr 2010, 10:01 am by Rebecca Tushnet
This is bound up with rules v. standards. [read post]
29 Jun 2015, 4:34 am by Rebecca Tushnet
 Subject v. object: is TM law descriptive or normative? [read post]
16 Apr 2018, 4:11 am by Rebecca Tushnet
  Grynberg: Tam oral argument, the focus was on source identification—he wrote about why disparaging terms are inherently less likely to identify source [though that gets us back to wholesale/retail].Burrell: In Brunetti: why was the court so desparate to get its hands on the 1A issues? [read post]
12 Mar 2014, 12:55 pm
., EU and other Countries;• Fair Use & Freedom of Speech;• Orphan Works and Extended Collective Licensing;• U.S. [read post]
8 Feb 2012, 4:53 am
 It's Case C-657/11 Belgian Electronic Sorting Technology (BEST) v Bert Peelaers and Visys NV. [read post]
14 Oct 2016, 8:16 am by Rebecca Tushnet
  Article of manufacture as a signpost—Justices seemed amenable to using that. [read post]
23 Feb 2024, 1:43 pm by Rebecca Tushnet
Use expressio unis to get at the fact that the noncommercial use holding is limited to situations where the challenged use is “used as a mark for a commercial product”; the term noncommercial use can reasonably include uses as a mark for political speech—Robert Kennedy, Jr., is using his father’s famous name to promote himself politically (also highlighting the importance of small differences when it comes to… [read post]
9 Jun 2016, 7:38 am by Rebecca Tushnet
Thinks about this as a tension that needs balance: pro-TM protection policies v. preserving robust competition in product market and preserving patent/©’s public domain, as well as 1A issues. [read post]
29 Jun 2015, 9:28 am by Rebecca Tushnet
 Burrell: thinking through what we mean by unrepresentative: are there reasons to think that the ways in which groups differ matter to the perception/confusion question? [read post]
1 Mar 2014, 10:36 am by Rebecca Tushnet
  Attempts to give certainty—but sometimes what you think is a clear definition becomes more complex, as in Apple v. [read post]