Search for: "Mark Tushnet"
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12 Mar 2018, 9:57 am
” (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]
4 Oct 2017, 9:01 pm
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 Aug 2018, 8:16 am
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]
8 Feb 2014, 12:18 pm
Session 2: First AmendmentT.J. [read post]
26 Mar 2014, 7:50 am
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]
3 Feb 2024, 10:59 am
Lemley/Tushnet discuss some possibilities. [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]
12 Oct 2020, 8:05 pm
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]
8 Nov 2010, 8:43 am
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]
10 Feb 2012, 2:02 pm
Can she disaffirm years later, even if the mark is incontestable? [read post]
13 Apr 2012, 1:01 pm
Rebecca Tushnet, Georgetown Law Cribbing largely from the amicus brief I helped write: There are instances when consumers have preferences that cannot be reduced to scientific quantification of performance (“utility”), but are real marketplace constraints nonetheless. [read post]
23 Apr 2012, 5:36 am
Kur: “used as a mark” can al [read post]
18 Jan 2023, 5:00 am
There are, in my view, two main options.One approach is what Mark Tushnet termed “defensive crouch constitutionalism”—in which liberal lawyers and scholars work within the existing conservative framework to try to preserve as many liberal precedents as possible. [read post]
16 Feb 2024, 6:30 am
The “Four Horsemen” label – as Mark Tushnet, Ted White, Barry Cushman, Laura Kalman, and other historians have observed – tends to obscure Van Devanter, James C. [read post]
29 Jun 2023, 6:30 am
That continuum is sometimes described by the language of “strong-form” and “weak-form” judicial review, as Mark Tushnet, Rosalind Dixon, and many other comparative constitutional scholars suggest. [read post]
2 Jul 2019, 5:38 am
To borrow a phrase from Mark Tushnet, his theory can be viewed as a type of defensive crouch constitutionalism. [read post]
6 Oct 2018, 7:50 am
The fight over the Kavanaugh appointment exemplifies our country's advanced case of constitutional rot. [read post]
28 Sep 2021, 6:30 am
For the Balkinization symposium on Rosalind Dixon and David Landau, Abusive Constitutional Borrowing: Legal globalization and the subversion of liberal democracy (Oxford University Press, 2021).Rosalind Dixon and David LandauWe are deeply grateful to Kim Lane Scheppele, Oren Tamir, Sam Issacharoff, and Alvin Cheung for so generously and carefully engaging with our work, both at an earlier event at ICON-S and in Balkinization. [read post]
17 Jan 2023, 6:30 am
One approach is what Mark Tushnet termed “defensive crouch constitutionalism”—in which liberal lawyers and scholars work within the existing conservative framework to try to preserve as many liberal precedents as possible. [read post]