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12 Jan 2021, 9:17 am by Eugene Volokh
" "[T]he likelihood of confusion analysis … involves a preliminary question: whether the defendants 'are using the challenged mark in a way that identifies the source of their goods.' If they are not, then the mark is being used in a "'non-trademark" way' and trademark infringement laws … do not even apply. [read post]
12 Jan 2021, 9:04 am by Lisa Larrimore Ouellette
That package includes $8 billion for vaccine distribution (not including $20 billion allocated for vaccine purchases to make them “available at no charge for anyone who needs it”)—a marked increase from the measly $340 million allocated earlier. [read post]
12 Jan 2021, 7:20 am by Jacob Schulz
Since Mark Zuckerberg first publicly floated the idea of a Facebook “Supreme Court” in April 2018, the board has attracted a lot of skepticism. [read post]
11 Jan 2021, 9:03 pm by Shaked Barkay
November marked an important turning point in U.S. climate change policy. [read post]
11 Jan 2021, 7:41 pm by Jonathan H. Adler
A society's only real defense is to stay horrified, well ahead of the curve. [read post]
11 Jan 2021, 6:37 pm by Shannon O'Hare
Nonetheless, as Mark Warner, a Virginia Democrat, stated, “the good news is, Congress is not going to be the Grinch”. [read post]
11 Jan 2021, 3:36 pm by Samuel Bray
Dep't of Def., 947 F.3d 207, 231 (4th Cir. 2020) (citations and internal quotation marks omitted). [read post]
11 Jan 2021, 1:33 pm by Joseph Fishkin
 As a matter of realpolitik, state laws vary, but it is certainly possible that, to continue with my example, a state party’s reasonable and good faith interpretation of the Constitution could well govern here, even if it diverged from what Justice Kavanaugh might have concluded if a case reached him and he reached the merits.Trump might try to invoke a lawyerly deus ex machina at this point: maybe the Presidency isn’t actually an “office, civil or military, under the… [read post]
11 Jan 2021, 10:35 am by Jacob Schulz
The permanent ban marks the end of this battle. [read post]
11 Jan 2021, 10:31 am by Jody Simon
Mark Zuckerberg and other Silicon Valley executives were called before Congress to be raked over the coals. [read post]
11 Jan 2021, 8:36 am by Jonathan Bailey
That settlement will see the defendants pay some $5 million in damages as well as prevent them from ever developing or marking any such cheating programs in the future. [read post]
11 Jan 2021, 8:19 am by Kevin Kaufman
A well-functioning financial market provides a key service for businesses and entrepreneurs in need of capital or risk management. [read post]
11 Jan 2021, 8:07 am by Eric Goldman
#9: The PACT Act Shows How Even Well-Intentioned Senators Are Prepared to Burn Down Section 230. [read post]
11 Jan 2021, 3:31 am
" The Board considered defendant’s word mark and stylized mark to be substantially the same, and so laches applied in the opposition proceeding as well. [read post]
11 Jan 2021, 2:40 am by Deb Givens
The Georgia-based company and other concrete companies were alleged to have organized the conspiracy by dividing up the market in coastal Georgia as well as coordinating on issuing rate-increase letters and charging fuel surcharges, it said. [read post]
11 Jan 2021, 1:41 am by Matthieu Dhenne (Ipsilon)
After the year 2020, marked by the COVID-19 pandemic, 2021 also announces numerous challenges for the world, and patentees will undoubtedly have their lot. [read post]
10 Jan 2021, 9:36 am by Sophie Corke
  SpicyIP has a three-part post about this litigation here, here, and here, as well as a separate post considering the Indian constitutional implications.PatentsAt the turn of the year, many of us like to take a Janus-faced look forward to the year to come while summarising the one past. [read post]