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4 Aug 2014, 4:35 am
 It is a matter of great happiness to the IPKat and Merpel that these posts have been so well received. [read post]
3 Aug 2014, 4:41 am by SHG
  Judge Mark Bennett responded “Sentencing requires us to weigh that which cannot be measured,” to which Judge Kopf replied: “Let’s be honest then and declare that sentencing is entirely a matter of discretion…”  If so, this raises the specter of sentencing being so arbitrary and capricious, so captive to any judge’s whim, as to be a total crapshoot. [read post]
2 Aug 2014, 9:39 am by Marty Lederman
 Since the summary is approximately 480 pages, 15 percent could mean upwards of 70 pages of redactions.Senator Mark Udall is reported to have said that he will work with Sen. [read post]
1 Aug 2014, 11:03 am by Kenneth Anderson
(On reciprocity, I would point you to Mark Osiel’s outstanding book on the topic, from which I have learned a great deal.) [read post]
1 Aug 2014, 8:11 am
When he received this information, the Discussion Paper didn't seem to be on the Attorney General Department's website -- but it is now [if you're about to go on holiday, don't! [read post]
1 Aug 2014, 12:13 am by Florian Mueller
In the "Other Authorities" section you can find writings by Professors Thomas Cotter (author of the Comparative Patent Remedies blog, which I have recommended previously), Mark Lemley, Mark McKenna & Katherine Strandburg, Michael Risch, and Ryan Vacca. [read post]
31 Jul 2014, 1:17 pm by Jamie Markham
After all, the amendment is informed by the “evolving standards of decency that mark the progress of a maturing society. [read post]
31 Jul 2014, 1:12 pm
  First, the minute any common-law court creates any new theory of liability, no matter how extreme, and isn’t reversed by another court, the plaintiffs get a Due Process “vested right” in the perpetuation of such liability that only another court, and not the legislature can take away. [read post]
31 Jul 2014, 4:43 am by Tim Sitzmann
The matter shown in broken lines is not part of the mark. [read post]
31 Jul 2014, 3:00 am
Although all such applications require a bona fide intent to use the mark in U.S. commerce in connection with all of the identified goods and services, as a practical matter some foreign applicants use this opportunity to “reserve” a trademark for vast swaths of goods and services (indeed, such a practice is common in many first-to-register jurisdictions).Some trademark practitioners have expressed concerns that these broad registrations have a chilling effect on… [read post]
30 Jul 2014, 8:00 am by Phyllis Pollack
A classic example would be Mark Zuckerberg's signature hoodies, which he reportedly wore even to meetings on Wall Street before his company's IPO. [read post]
30 Jul 2014, 4:37 am by SHG
Would it matter if they were beating the wrong person or the right person? [read post]
30 Jul 2014, 1:56 am
As it turned out, this dispute didn't really do much to develop doctrine in any of those directions, but that doesn't matter. [read post]
29 Jul 2014, 5:02 pm by and
The court stated that under the “but for” formulation, “[t]he party invoking the privilege must show ‘the communication would not have been made “but for” the fact that legal advice was sought. [read post]
28 Jul 2014, 10:01 pm by Evan Brown (@internetcases)
The law and social advocacy step in to critique these brand owners’ selection of marks. [read post]
28 Jul 2014, 8:42 pm
(internal quotations marks and citation omitted).Id. at *11 (some internal citations omitted).Source added words to the actual claim language, thus changing the relevant comparison from the slot to the diameter of the rod to the slot to the diameter of the rod added to the thickness of the container folded over it. [read post]
28 Jul 2014, 9:16 am by Rebecca Tushnet
Even if McCarthy’s statement means that a trade dress with more elements is generally weaker than a trademark with fewer elements, that didn’t matter on the facts of this case. [read post]