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26 Aug 2022, 7:23 am by Eric Goldman
In a different case involving Zoominfo, Rebecca Tushnet and Mark Lemley will be filing an amicus brief on this point. [read post]
5 Feb 2012, 9:53 am by Mary L. Dudziak
There are some important efforts to rethink wartime, including Mark Tushnet’s argument that we should think of contemporary war as an ongoing condition, not a confined wartime, and some of the work on the idea of a “long war. [read post]
2 Mar 2010, 6:45 am by Jay Willis
  At the ACS Blog, Mark Tushnet predicts that the Court will rule in the petitioners’ favor – an outcome that, he opines, casts doubt on the consistency of Republican deference to federalism in other policy areas. [read post]
26 May 2010, 6:46 am by Adam Chandler
At Balkinization, Mark Tushnet gives three “inside baseball” observations on Graham v. [read post]
9 Jul 2019, 7:48 am by Steve Lubet
Loeb University Professor, Harvard Law School Mark Tushnet, William Nelson Cromwell Professor of Law, Harvard Law School Adam Winkler, Professor of Law, UCLA School of Law Mary Ziegler, Stearns Weaver Miller Professor, Florida State University College of Law [read post]
7 Feb 2012, 2:11 pm
There are some important efforts to rethink wartime, including Harvard Law Professor Mark Tushnet’s argument that we should think of contemporary war as an ongoing condition, not a confined wartime, and some of the work on the idea of a “long war. [read post]
6 Mar 2024, 3:00 am by jonathanturley
Harvard law professor Mark Tushnet and San Francisco State University political scientist Aaron Belkin even called upon President Joe Biden to defy rulings of the Supreme Court that he considers “mistaken” in the name of “popular constitutionalism. [read post]
9 Aug 2012, 4:00 pm by Rebecca Tushnet
  Likely confusion test also considers strength of the mark: if there are a lot of similar marks in the same space you may not have a very strong mark. [read post]
6 Apr 2023, 10:36 am by Dennis Crouch
Todd Herreman, Loren Mulraine, Christopher Newman, Eric Priest, Mark F. [read post]
12 Mar 2018, 9:57 am by Michael Madison
” (Mark Tushnet, Harvard University) “An important first step is taking stock of our core values. [read post]
18 Jul 2008, 8:34 am
: (Patent Circle), Tanzania to conduct study on impact of counterfeit medicines: (Afro-IP), US: New rules on generic biological medicines under US Congressional debate: (Intellectual Property Watch), Pharma & Biotech - Products Acular (Ketorolac) – US: CAFC rules against Apotex reverse doctrine of equivalents: Roche Palo Alto & Allergan, Inc v Apotex: (Patent Circle), Carbatrol (Carbamazapine) – US: Federal judge allows Corepharma to seek DJ that its application… [read post]
8 Aug 2018, 8:16 am by Eric Goldman
As one court recently summarized: Virtually no court has held that, on its own, a defendant’s purchase of a plaintiff’s mark as a keyword term is sufficient for liability. [read post]
In a recent posting, our friend and respected colleague Mark Tushnet of the Harvard Law School wrote: There’s another case that I think is easy one way, although I know lots of people who think it’s easy in just the opposite way: when a raucous crowd shouts down the speaker. [read post]
8 Feb 2014, 12:18 pm by Rebecca Tushnet
Session 2: First AmendmentT.J. [read post]
3 Feb 2024, 10:59 am by Rebecca Tushnet
Lemley/Tushnet discuss some possibilities. [read post]
26 Mar 2014, 7:50 am by Rebecca Tushnet
Fortunately, identifying the Lanham Act’s zone of interests is easy, because of the “unusual, and extraordinarily helpful,” detailed statement of the statute’s purposes in §1127: The intent of this chapter is to regulate commerce within the control of Congress by making actionable the deceptive and misleading use of marks in such commerce; to protect registered marks used in such commerce from interference by State, or territorial legislation; to… [read post]
12 Oct 2020, 8:05 pm by Marty Lederman
  As Mark writes, “[t]he article’s arguments are complex and subtle, and the confirmation process is ill-suited to addressing arguments of that sort. [read post]
29 Aug 2008, 1:25 pm
– Discussion of IPFrontline.com article ‘Understanding Intellectual Property Value’: (IP finance), How to make sure your IP strategy plan is not doomed to failure: (IP Asset Maximizer Blog) Improve venture capital returns with IP portfolio management: (Ezine @rticles)   Global - Trade Marks / Domain Names / Brands Trade mark strategy – counterintuitive names: (IP Thinktank), ICANN Intellectual Property Constituency paper on sunrise… [read post]
8 Nov 2010, 8:43 am by Rebecca Tushnet
Rebecca Tushnet, Georgetown Law One story to tell about unbranding is that it’s about heads I win, tails you lose: the companies that want to use our credit and browsing histories to decide about us, and who tell us that to walk away from an underwater mortgage is immoral, want to be able to walk away from their own reputations whenever that would benefit them by making it harder for us to figure out who they are. [read post]