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31 Oct 2022, 3:23 am
" Table of ContentsFar from Fluent: Making Sense of the Doctrine of Foreign Equivalents, Anne Gilson LaLonde Commentary: The Rogers Test Dances Between Trademark Protection Under the Lanham Act and Freedom of Speech Under the First Amendment, Taylar E. [read post]
28 Oct 2022, 2:46 pm by Greg Lambert
So it makes sense that there’s parallels because you know, she is a younger attorney, she is living her life she is dating so I definitely like and you know, there’s a romantic comedy to this too, which Marvel rarely does. [read post]
27 Oct 2022, 4:48 pm by David Friedman
While "libertarian" can still mean a left anarchist, “left libertarian” usually means a libertarian in the newer sense who supports ideas or policies identified with the left. [read post]
27 Oct 2022, 5:40 am by Michael Geist
The post Making Sense of the Indifference to Bill C-18’s Cutting Out Small Media Outlets While Giving Hundreds of Millions to Bell, Rogers and the CBC appeared first on Michael Geist. [read post]
27 Oct 2022, 12:43 am by Florian Mueller
" But a monopolist can do a whole lot of things without giving a damn that a company in a competitive market wouldn't even dare to think of.It was remarkable how Judge Yvonne Gonzalez Rogers--which is separate from whatever she got wrong in her subsequent decision--quizzed Tim Cook on the last day of testimony at the Epic v. [read post]
15 Oct 2022, 1:29 am by Florian Mueller
"In footnote 7, Judge White distinguished AliveCor from Pistacchio, an Apple Arcade case before Judge Yvonne Gonzalez Rogers (the judge who also presided over last year's Epic Games v. [read post]
9 Oct 2022, 5:22 am by Florian Mueller
There is no balancing in the sense of a passage that would say procompetitive benefits X and Y outweigh the anticompetitive effects A, B, and C. [read post]
4 Oct 2022, 9:11 am by Anna Bower
“My sense is this is a very diligent group who will abide by the court’s instructions,” he says. [read post]
28 Sep 2022, 11:27 am by Greg Lambert
And one of the Disney media properties that has really tied into this is the cartoon What if where we got to see twists on kind of earlier stories that we’ve seen, my favorite one being the character, Peggy Carter, becoming Captain Britain, yes, rather than the character Steve Rogers becoming Captain America, and how that kind of shifted history. [read post]
27 Sep 2022, 2:16 am by Florian Mueller
Apple consumer class action over supracompetitive App Store commissions, which was brought more than a decade ago, has already been a trailblazer: the Supreme Court's affirmance of a Ninth Circuit decision according to which consumers had standing to seek antitrust damages from Apple over App Store commissions did not resolve the merits of the case, but defibrillated it after Judge Yvonne Gonzalez Rogers had dismissed it. [read post]
26 Sep 2022, 12:27 am by Florian Mueller
Then the focus is on whether Apple abuse its aftermarket monopoly.I've previously explained in detail why Judge Yvonne Gonzalez Rogers of the United States District Court for the Northern District of California got the law, the economics, and the technology wrong with respect to the foremarket part. [read post]
18 Sep 2022, 9:50 am by Florian Mueller
It may not be possible for the appeals court to resolve the case on the merits, but at least there should be a reversal of parts of the decision (especially market definition) and a remand (ideally with pretty clear instructions).Judge Yvonne Gonzalez Rogers of the United States District Court for the Northern District of California got the law (Kodak), the economics, and the technology wrong with respect to the foremarket part of Epic's proposed single-brand market definition (she… [read post]
16 Sep 2022, 11:40 pm by Florian Mueller
Apple case the cross-appeal of which will be heard in a little over a month, Judge Yvonne Gonzalez Rogers of the United States District Court for the Northern District of California got the law (Kodak), the economics, and the technology wrong with respect to the foremarket part of Epic's proposed single-brand market definition (she also produced almost 300 typos and similar errors). [read post]
15 Sep 2022, 5:13 am by Michael Geist
Today, Rogers maintains a Government Regulatory Recovery Fee, which it attributes to a wide range of regulatory costs. [read post]
13 Sep 2022, 7:00 am by Guest Blogger
  Putting my confusion to the side, their proposal that all law ought to be decided by a current popular majority is quite radical—and, one gets the sense, it is meant to be. [read post]
22 Aug 2022, 6:05 am by Rebecca Tushnet
As Rogers noted, artistic works “are also sold in the commercial marketplace like other more utilitarian products, making the danger of consumer deception a legitimate concern that warrants some government regulation. [read post]
19 Aug 2022, 6:06 am by Albert W. Alschuler
The best the Committee could do was show (1) photographs of Trump associates Michael Flynn and Roger Stone in the company of Oath Keepers; (2) a film of Stone reciting an Oath Keepers’ creed; (3) Trump’s instruction to Chief of Staff Mark Meadows on the evening of January 5 to call Flynn and Stone; and (4) Meadows’ subsequent calls to these associates of both the President of the United States and militants later indicted for seditious conspiracy. [read post]
19 Aug 2022, 3:27 am by SHG
” As a general sense, redaction almost always turns docs into “meaningless gibberish,” the only question being to what extent. [read post]