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12 Dec 2021, 1:09 pm by Dennis Crouch
Missouri’s predominant purpose test, which inquires into whether the predominant purpose of using the famous person’s name or identity is to exploit its commercial value; or whether “the predominant purpose of the product is to make an expressive comment on or about a celebrity. [read post]
1 Nov 2021, 11:14 am by Eugene Volokh
Any supposed "inequality in aesthetic value between [a] pageant and a musical or play," the court held, "is a distinction without a difference," id. [read post]
18 Oct 2021, 7:22 am by Eugene Volokh
And I think it's helpful to gather these rules so as to better understand the options that legislators have chosen with regard to this question, especially when evaluating similar new proposals.[2] This is particularly so given the interest in using public accommodations law as a model for limiting social media platforms' ability to block users based on their speech or political ideology.[3] And it's helpful to see these rules when considering the implications of… [read post]
4 Oct 2021, 10:58 am by Rebecca Tushnet
But even if the n-word isn’t unregistrable because it’s scandalous or disparaging, it may still be unregistrable because it already has so much expressive meaning that it’s simply incapable of adding a trademark function. [read post]
17 Jul 2021, 3:18 pm by Eugene Volokh
But the protection afforded to offensive messages does not always embrace offensive speech that is so intrusive that the unwilling audience cannot avoid it. [read post]