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16 Apr 2018, 4:11 am by Rebecca Tushnet
Session 3: The Implications of Tam (and Brunetti)What are the implications of the Tam Court’s First Amendment analysis for other subsections of Lanham Act Section 2? [read post]
11 Jan 2016, 5:00 am by Rebecca Tushnet
  (2) We’ve also expanded subject matter to cover things that are supposed to be protectable only in part—utilitarian articles for ©; product configuration for TM. [read post]
21 Oct 2022, 6:30 am by Guest Blogger
As Jud Campbell has explained, antebellum Americans recognized “a common set of rights, applicable against the state and federal governments alike,” but they thought those rights were “regulable” by a state’s police power; therefore, this recognition of a common set of rights “did not necessarily mean that those rights had the same legal boundaries. [read post]
20 Dec 2020, 9:56 am by Eleonora Rosati
As discussed elsewhere, trade mark law struggles with shapes almost to the point of only pretending to offer them protection.But who cares about trade marks, or designs for that matter, if your creation can readily achieve copyright protection. [read post]
8 Aug 2018, 6:12 am by Rebecca Tushnet
”  [Apparently original artwork and minimal jokery does not qualify as artistic expression as a matter of law; I would have thought it should.] [read post]
2 Dec 2017, 1:39 pm by Wolfgang Demino
            Pursuant to the Texas Rules of Civil Procedure, Defendant now moves for a new trial as a matter of right within thirty days (30) of the judgment, and thus within the court’s plenary power. [read post]
3 Jan 2022, 2:00 pm by Emily Dai
Aaron David Miller, senior fellow at the Carnegie Endowment for International Peace, will host Campbell. [read post]
18 Dec 2015, 6:17 am by Jim Sedor
As a practical matter, that appears to bar any new agency rules from taking effect before either the 2016 presidential election or the 2018 midterm elections. [read post]
24 May 2018, 9:01 pm by Jim Sedor
Barry Aarons, who has lobbied at the Legislature for 40 years, said the public is in for a bad impression of Arizona politics no matter the outcome of the trial. [read post]
25 Jul 2023, 5:55 am by Mark Nevitt
As the DOJ wrote in 1982, an Acting officer’s “stature as a practical matter is . . . somewhat inferior. [read post]
4 Apr 2019, 9:01 pm by Jim Sedor
The summary noted Mueller did not exonerate the president on the obstruction matter. [read post]
7 Sep 2012, 5:03 pm by INFORRM
While in the former case the press exercises its vital role of “watchdog” in a democracy by contributing to “impart[ing] information and ideas on matters of public interest (Observer and Guardian, cited above, ibid.) it does not do so in the latter case…  “76. [read post]
9 Feb 2008, 2:25 pm
Current fair use doctrine is not optimized for Google Book Search, no matter how you want it to turn out, or for individual personal consumptive uses, though it is optimized for The Wind Done Gone. [read post]
27 Nov 2022, 3:50 am by David Freeman
It takes a village The late Joseph Campbell, an influential American writer who focused on comparative mythology, reminds us that we often need allies to complete our heroic missions. [read post]
15 Nov 2022, 4:47 am by Emma Snell
  Federal agents and prosecutors believe Trump’s decision to take and keep classified documents was largely motivated by ego, according to people familiar with the matter. [read post]