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10 Jun 2016, 9:16 am by Rebecca Tushnet
McKenna: think more broadly about remedies and relation b/t TM and unfair competition, if remedies are starting to divide more b/t technical TMs and others. [read post]
10 Jun 2016, 8:28 am by Rory Little
Other than perhaps the Court’s first use of “T-boned” to describe an automobile accident, there was little remarkable in yesterday’s six-to-two decision in Dietz v. [read post]
10 Jun 2016, 7:35 am by Rebecca Tushnet
Combination means that you can win your TM case and be entitled neither to an injunction nor to damages or profits b/c defendant wasn’t willful infringer. [read post]
10 Jun 2016, 4:00 am by SHG
It is certainly not a matter for recall or impeachment. [read post]
10 Jun 2016, 2:06 am by Andy
That is the reason I think the Egeda judgment was wrong as a matter of principle. [read post]
9 Jun 2016, 2:01 pm by Rebecca Tushnet
 McGeveran: Coordination isn’t a matter of mere tidiness; need an independent reason to police the boundary. [read post]
9 Jun 2016, 12:13 pm by Rebecca Tushnet
 Lemley: disagree as practical matter. [read post]
9 Jun 2016, 11:20 am by Richard M. Re
The Court offered a few insightful comments on the nature of judicial bias, observing for instance that “[b]ias is easy to attribute to others and difficult to discern in oneself. [read post]
9 Jun 2016, 9:40 am by Rebecca Tushnet
 Leah Chan Grinvald: Whose perspective it is matters. [read post]
9 Jun 2016, 8:40 am by Earl Drott
When multiple suits are filed in differing jurisdictions, it is up to the appellate court to make a final determination as to the court in which the matter will proceed. [read post]
9 Jun 2016, 7:38 am by Rebecca Tushnet
It’s not the overlap that matters. [read post]
8 Jun 2016, 2:49 pm by Kevin LaCroix
  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]
8 Jun 2016, 12:36 pm by Eric Goldman
Yelp doesn’t fit into (B), and how is it in “active concert or participation” with Bird other than by publishing her reviews? [read post]
8 Jun 2016, 7:14 am
  The judge began his analysis motion by explaining that[i]t is the plaintiff's burden to show that subject matter jurisdiction exists. [read post]
8 Jun 2016, 4:00 am by Karim Benyekhlef and Nicolas Vermeys
If such is the case, shouldn’t the court heed its own advice? [read post]
7 Jun 2016, 4:08 pm by INFORRM
Within a very short period of time his location, his name, his personal details and, of course, his own social media, were a matter of widespread public consumption. [read post]