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4 Apr 2011, 9:00 am by Record on Appeal
  In fact, according to the court “[t]he confidentiality markings in this case were so extensive that the non-confidential version of the brief is virtually incomprehensible. [read post]
26 Jul 2023, 2:17 pm by Mark Ashton
Unfortunately, in the past decade we have also seen a marked increase in the number of people ages 50 and up who are getting divorced. [read post]
29 Mar 2007, 5:12 am
The case isn't over, but we are well on our way to a clear answer about the validity of the rule in New York, whose decades-old trial court decisions provide the foundation for the claim that the US occasionally does protect famous foreign marks that aren't in use within its borders. [read post]
10 Jan 2013, 7:03 am by Rebecca Tushnet
The district court didn’t make any finding on likely confusion, and its reasoning didn’t allow the court of appeals to infer such a finding. [read post]
7 Feb 2021, 10:15 pm by Sophie Corke
CopyrightAsia Correspondent Tian Lu reported on an interesting copyright case in Japan, relating to artworks each comprising of a telephone booth being used as a goldfish tank.PatentsThe finely-tuned balance to be struck between novelty, insufficiency, and obviousness in deciding when to file a second-medical use patent application came under consideration of GuestKat Rose Hughes in relation to the Canadian Federal Court's approach in the recent case of Teva v Pharmascience.Trade marksKat… [read post]
15 Nov 2010, 6:16 pm by Paul Horwitz
Mark Tushnet once wrote about the "'lawyer as astrophysicist' assumption, namely that the generalist training of lawyers allows any lawyer to read a text on astrophysics over the weekend and launch a rocket on Monday. [read post]
2 May 2014, 9:24 am by Ken White
In our last episode of the saga of Michael Mann's defamation suit against National Review, Mark Steyn, the Competitive Enterprise Institute, and Rand Simberg, I explained that the matter was wrapped in a dry, but crucial, procedural issue: the District of Columbia Court of Appeal was faced with whether a defendant who loses a motion under D.C.'s anti-SLAPP law may appeal immediately, or must wait until the end of the case. [read post]
17 Jun 2010, 4:56 am by pete.black@gmail.com (Peter Black)
  This seems to be a fairly logical move to me - most public nuisance matters don't need a court hearing to be resolved, and it will ease the workload of the Magistrates Court in Queensland. [read post]
30 Mar 2012, 3:28 pm
And that strikes me as a purely constitutional matter, a role of government matter. [read post]
9 Sep 2015, 6:41 am by Tim Sitzmann
However, the rules do allow voluntary disclaimers of otherwise registrable matter. [read post]
1 Jul 2009, 10:07 am
The question in the title of this post is prompted by this new article in USA Today, which is headlined "Appeal of Madoff's 150-year sentence wouldn't matter. [read post]
3 Mar 2008, 6:29 am
He believed that the mark was not the subject of litigation, because he'd represented Constellation since at least 1964 and was familiar with Constellation's trademark affairs, including matters involving the Arbor Mist mark. [read post]
19 Jul 2022, 6:30 am by Guest Blogger
Speaking very narrowly, I agree with Mark about balls and strikes: the size of the strike zone shouldn’t vary. [read post]
11 Mar 2013, 7:32 am by Rebecca Tushnet
There’s no hard threshold for misleadingness, and while 9.2% isn’t overwhelming, the court couldn’t conclude it was insubstantial as a matter of law. [read post]
5 Sep 2014, 4:32 am
Putting those glossy summer catalogues  down, it is worth giving an enlightened glance to the '5 stars logo' and '4 stars logo' trade mark cases, respectively T-686/13 and T-687/13, decided earlier this week by the General Court.The Court gave rulings in two appeals lodged by the French company Unibail Management against the refusals of the two figurative Community trade mark (CTM) applications represented on the right and below,… [read post]
19 Oct 2015, 12:32 pm
The power of a Community collective mark, when contrasted with a protected geographical indication, was put to the test on 2 October, in Cases T-624/13 , T-625/13, 626/13 and 627/13 The Tea Board v Office for Harmonisation in the Internal Market (Trade Marks and Designs), Delta Lingerie Intervening (Jeremy again). [read post]