Search for: "B & I News, Inc. v. Superior Court" Results 81 - 100 of 337
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5 Dec 2019, 10:43 am by Rebecca Tushnet
If courts take conceptual separability seriously, it becomes the German test in disguise—but even the German court has now abandoned a test of superior creativity, so there’s only one test of originality in German law, which doesn’t require superior creativity. [read post]
31 May 2019, 9:47 am by Rebecca Tushnet
First, that’s new law as far as I’m aware, and given the First Amendment implications of applying dilution law to comparative advertising, it’s not a well-justified decision. [read post]
12 May 2019, 4:00 am by Administrator
Canadian superior courts have jurisdiction. [read post]
6 May 2019, 7:53 am by Rebecca Tushnet
  Even the FTC has accepted that puffery works: C&H Sugar was ordered in 1977 not to call its brand “superior” to or otherwise different from other granulated sugars without substantiation. [read post]