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3 Feb 2014, 8:54 am by Terry Hart
Of course, we can’t all do whatever we would like without running the risk of interfering with each other. [read post]
29 Jan 2014, 9:14 am by Rebecca Tushnet
  True, Bloomberg was a commercial enterprise, but so are many fair users, and the link between the copying and commercial gain was attenuated—Bloomberg Professional “is a multifaceted research service, of which disseminating sound recordings of earnings calls is but one small part. [read post]
25 Jan 2014, 4:56 am by Giles Peaker
The Greeks have a word for it, and if they don’t the Germans can probably knock one together. [read post]
25 Jan 2014, 4:56 am by Giles Peaker
The Greeks have a word for it, and if they don’t the Germans can probably knock one together. [read post]
22 Jan 2014, 10:01 am
  In its offer the defendant had proposed (1) to change its name to a name which didn’t include the word ‘Boca’,  (2) that it would not use the name Boca as part of its trading style in Bristol or the surrounding areas, and  (3) that it would surrender its UK trade mark registration. [read post]
20 Jan 2014, 8:02 am by Benjamin Wittes
When mistakes are made—which is inevitable in any large and complicated human enterprise—they correct those mistakes. [read post]
16 Jan 2014, 3:32 am
Whether this is a good or a bad thing is a question this Kat prefers not to answer… (Merpel adds: can’t we all get along?) [read post]
7 Jan 2014, 7:02 pm by Andrew Frisch
If you are someone who follows the trends in wage and hour law, you are no doubt aware of the recent proliferation of cases in which exotic dancers or strippers have challenged the seemingly industry wide misclassification of their positions. [read post]
5 Jan 2014, 4:30 pm by Sabrina I. Pacifici
But accessing that information, some of which dates back to World War II, isn’t easy to do. [read post]
1 Jan 2014, 5:55 am by Ron Coleman
 I can’t say it enough: For well over nine out of ten new businesses, the odds of an idea sinking or swimming on the strength of a trademark are slim indeed, and slim too is the war chest most entrepreneurs bring to the battle of free enterprise. [read post]
31 Dec 2013, 10:19 am by Mike Madison
And I haven’t included cases where fair use played an important role but wasn’t itself a litigated issue (see, for example, the continuing Lenz v. [read post]
18 Dec 2013, 8:56 am by Rebecca Tushnet
”  (For what it’s worth, as a non-fan I couldn’t figure out which second this was.) [read post]
13 Dec 2013, 6:31 am by Joy Waltemath
She notified her employer that the conditions were beginning to affect her health but was told that if she didn’t like it, she could leave. [read post]
13 Dec 2013, 5:01 am
Distinctiveness in that instance was to be assessed through immediacy or first impression test (Case T-130/01 Sykes Enterprises Incorp. v OHIM), that is when “…it is perceived immediately as an indication of the commercial origin of the goods or services in question, so as to enable the relevant public to distinguish, without any possibility of confusion, the goods or services of the owner of the mark from those of a different commercial origin. [read post]
13 Dec 2013, 2:36 am by Marty Lederman
§ 18023(b)(1).So are these cases about nothing at all? [read post]
11 Dec 2013, 9:59 am by David Canton
The regs include some helpful exceptions, such as those that apply to: B to B communications for existing business relationships. [read post]