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17 Feb 2014, 7:26 am by Rebecca Tushnet
  Inconsistency isn’t itself a vice, but there’s a particular problem when the inconsistency favors the presently powerful and dominant, which is explicitly what trademark law does: it protects strong brands more than new or weak entrants, and dilution in particular only protects famous marks, which is to say household names.So I’ve identified a tension in the treatment of private torts targeting emotional methods of persuasion. [read post]
17 Feb 2014, 4:36 am by Rebecca Tushnet
  Issues like federalism and state action doctrine do bear on 1A issues. [read post]
15 Feb 2014, 8:28 am by Yishai Schwartz
Turning to detainee news: Wells reported the much awaited DC panel decision in the Guantanamo force-feeding case, Aamer v. [read post]
14 Feb 2014, 10:01 am
  We are told we have enjoyed some of our trips to the state.) [read post]
14 Feb 2014, 5:37 am by Joy Waltemath
And although there was no direct indication that he had authority over her hiring, firing, promotions, compensation, or benefits, the statement that he was a manager and husband to the mother of the owner was enough under Vance v Ball State Univ. [read post]
The three-judge panel there held that, in light of the Supreme Court’s decision last summer in United States v. [read post]
13 Feb 2014, 6:48 pm by Dan Harris
  Being able to express strong feelings and emotions appropriately in a manner that does not derail the communication is also important. [read post]
13 Feb 2014, 1:12 pm
  Substantially larger stakes were held in foreign equities from developed states (almost 25%) and developing states (about 9%). [read post]
10 Feb 2014, 1:57 pm by Nikki Siesel
Lastly, a state registration will have a strong deterrent effect on third parties because the state registration will appear in trademark search reports. [read post]
10 Feb 2014, 10:16 am
In Americans United for Separation of Church & State v. [read post]
9 Feb 2014, 8:54 pm by Kirk Jenkins
Based upon the oral argument during the recently-concluded January term, it is not clear what the Illinois Supreme Court is likely to decide in Nelson v. [read post]
9 Feb 2014, 2:27 pm
  Perry v Truefitt, 49 ER 749 stated that ‘A man is not to sell his own goods under pretence that they are the goods of another man. [read post]