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13 Jun 2016, 8:04 am
Redish: Straw man; you can use O’Brien to separate expressive from nonexpressive. [read post]
10 Jun 2016, 9:16 am
What motivates consumers w/r/t specific features versus entire collection of features/general reputation? [read post]
10 Jun 2016, 7:35 am
In the course of dismantling presumption of irreparable injury, they then bar injunctions w/o such proof. [read post]
9 Jun 2016, 9:40 am
Dinwoodie: How would you assess confusion w/o functionality? [read post]
9 Jun 2016, 7:38 am
It’s not the overlap that matters. [read post]
8 Jun 2016, 2:49 pm
The Second Circuit held that the trial evidence was insufficient as a matter of law to prove that Countrywide made a false representation with contemporaneous fraudulent intent. [read post]
20 May 2016, 12:25 pm
Should that matter in a more formal way than it does. [read post]
20 May 2016, 10:07 am
Does interference w/TM interests matter any more than other deception? [read post]
19 May 2016, 6:02 pm
It held that the Elder Abuse Act does not require the existence of a custodial relationship in order for the plaintiff to establish a cause of action for neglect.[2] The court also rejected defendants’ contention that the trial court should determine, as a matter of law, whether defendants’ conduct constituted professional negligence rather than neglect. [read post]
19 May 2016, 2:33 pm
While financial fraud has always been an important enforcement target for the SEC, the agency recently has shown increased attention to financial reporting cases. [read post]
19 May 2016, 11:11 am
O’Scannlain of the U.S. [read post]
19 May 2016, 9:23 am
K-12 and disciplinary distinctions don’t make sense b/c we’re talking about educating students. [read post]
19 May 2016, 7:43 am
[Even in places w/o 1201 style law?] [read post]
18 May 2016, 7:47 pm
R. 56 (c)). [read post]
17 May 2016, 7:18 am
By Brandi O. [read post]
14 May 2016, 3:34 am
But no one else ever held many thousands of lines of original, concededly (even Google's witnesses said so) highly creative material non-copyrightable.Yeah, there were some "fair use" cases such as the famous Sony and Sega decisions, which Circuit Judge O'Malley told Google's counsel (the same one as in this trial, Robert van Nest) to stop raising in connection with copyrightability because they had no bearing on it. [read post]
13 May 2016, 7:55 am
The combined expansions of criminal coverage and the heightened severity of punishments are matters of grave concern that call for a serious rethinking of this project. [read post]
11 May 2016, 10:52 am
C. [read post]
10 May 2016, 11:20 am
., No. 14-C-663 (E.D. [read post]
9 May 2016, 12:05 am
In the matter of an application by JR55 for Judicial Review (Northern Ireland), heard 8-9 March 2016. [read post]
