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19 Feb 2021, 2:30 pm by Rebecca Tushnet
For reformers: focusing on certification mark rules won’t matter if most certification happens in TMs. [read post]
8 Jan 2019, 11:08 am by Rebecca Tushnet
Thus, the disclaimer was not so unambiguous and express that a reasonable consumer couldn’t be deceived as a matter of law.However, the complaint still flunked 9(b) because it didn’t discuss whether plaintiffs saw the asterisk; whether they read the corresponding disclaimer; and if they did read it, how the disclaimer affected their purchasing decision. [read post]
25 Jun 2022, 4:02 am by Rebecca Tushnet
Jeanne Fromer: lack of symmetry b/t incumbents and other participants. [read post]
31 May 2011, 8:00 pm by Bill Otis
  As expressed in criminal defense, this means that the defendant isn't really culpable. [read post]
14 Feb 2018, 7:11 pm by Scott McKeown
Divergent Technical Teachings of a Primary Reference Matter in an Obviousness Analysis A popular counter-argument to an obviousness attack is that the primary reference of the combination “teaches away” from the proposed combination. [read post]
20 Jul 2009, 5:55 pm
  What really matters, is how you make use of patent rights. [read post]
14 Jun 2012, 5:01 pm by oliver
The subject-matter of claim 1 is seen as consistent only in particular situations. [read post]
8 Sep 2017, 10:48 am by Ron Coleman
By contrast, under § 1071(b) this Court is required to conduct a de novo review. [read post]
5 Mar 2024, 11:49 am by James W. Ward
The NLRB’s decision doesn’t mean that wearing BLM is always a protected activity. [read post]
28 Jun 2010, 10:52 pm by Abhik Majumdar
The 1996 Decision (contd.)b) Varying StandardsIf the Court's appreciation of facts is a matter of concern, its perception of its own role does not offer much relief. [read post]
16 Jul 2015, 8:38 pm by David Benenfeld
Although driving is an activity to get from Point A to Point B, driving can also be the most dangerous thing you do every day. [read post]
4 Jun 2019, 10:20 am by Rebecca Tushnet
  Court disagreed: it wasn’t commercial speech b/c there were no buying terms in the press release. [read post]
26 Feb 2020, 8:56 am by Jessica Kroeze
The following documents, relevant to the present decision, were referred to by the parties:D1 US-B-6 269 910D4 WO-A-2007/020325D6 JP-A-2005 263371, and its translation D6bIV. [read post]