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28 Jul 2011, 6:59 am by Allan Erbsen
An interesting aspect of the Court's recent decision in Goodyear Dunlop Tires Operations, S.A. v. [read post]
26 Jul 2011, 11:43 pm by Michael Geist
That changed in 2004, when a unanimous Supreme Court strongly affirmed its support for a balanced approach to copyright law and in the process breathed new life into the Copyright Act’s fair dealing provision in a case called Law Society of Upper Canada v. [read post]
25 Jul 2011, 7:46 am by Harlan Cohen
It may also flatten the distinction between references to international law, obscuring the stories of how they got into the opinion or whether they accurately reflect international law of the time at all (an issue hinted at in discussions of Hans v. [read post]
25 Jul 2011, 2:00 am by Kara OBrien
  Separately, Tenaris resolved a parallel investigation by the U.S. [read post]
24 Jul 2011, 6:12 pm
The same can apply for color trade marks and trade dress in the U.S. as long as the color has acquired a "secondary meaning" and is non-functional, i.e. the color does not function except as an indication as to source (Qualitex v Jacobson) Ask any shopper on Fifth Avenue and the AmeriKat thinks one could quickly come to the conclusion that the primary function of the red-sole is that of indicating the source of the shoe as being Louboutin - that or signalling to… [read post]
20 Jul 2011, 1:51 am by Westminster Law Library
Over the past 200+ years, however, there has been some marked divergence between the two systems. [read post]
17 Jul 2011, 11:57 am by Jeff Gamso
Knights, 534 U.S. 112, 118–19 (2001) (internal quotation marks omitted).That balance clearly favors the Government here. [read post]
16 Jul 2011, 7:51 am by SHG
Knights, 534 U.S. 112, 118–19 (2001) (internal quotation marks omitted). [read post]