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10 Feb 2020, 4:36 am
Cir. 1990) (“[T]he greater the degree of descriptiveness the term has, the heavier the burden to prove it has attained secondary meaning. [read post]
19 Jan 2016, 3:49 pm
Unfortunately, the judge’s bias and prejudgment are a matter of public record. [read post]
22 Jan 2016, 10:00 am by Guest Blogger
  F&F don’t seem to imagine legislative duties as being judicially enforceable, so the posture of cases seems likely to remain the same in future – hung on the question, “Can the government do this? [read post]
12 Feb 2019, 10:35 am by Rebecca Tushnet
  Although the inclusion of the proposed mark in longer domain names was evidence, even strong evidence, of genericness, consumer surveys also matter. [read post]
25 Apr 2022, 5:01 am by Eugene Volokh
" The board's email to Plaintiff Rash, on the other hand, warned that "[f]uture violations will result in your microphone being cut off and your time forfeited" and that "[f]uture violations may also result in you no longer being allowed to speak during patron comments. [read post]
11 Jan 2007, 6:05 am
"No doubt, some of the bad reaction is a matter of taste. [read post]
30 Jul 2008, 10:57 am
  But the first figures out why it doesn't matter. [read post]
28 Dec 2009, 4:14 am by Mack Sperling
Read this if you litigate with the North Carolina Department of Revenue over tax matters, or know someone who does. [read post]
5 Sep 2023, 9:05 pm by renholding
During my recent visit to Columbia Law School, Professor John Coffee shared with me a draft of a short article that later appeared in the New York Law Journal.[1] Coffee’s article assessed the prospects in the U.S. [read post]
19 Jan 2017, 8:09 am by Rebecca Tushnet
Rumsey, 829 F.3d 817, 828 (7th Cir. 2016) (quoting Dastar, 539 U.S. at 31). [read post]
30 Nov 2022, 7:30 am
… If you wrote a book, you f---ed up, and it should have been a six-paragraph blog post. [read post]