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28 Oct 2014, 10:44 am
 So Aereo said, in effect:  OK, if we’re a cable system, we can (like other cable systems) continue to re-transmit these signals to our customers (just like the cable companies do), so long as we pay the royalty. [read post]
24 Oct 2014, 1:11 pm by Rebecca Tushnet
TM is concerned with one kind of generalization: source information—who is responsible b/c of the presence of mark. [read post]
22 Oct 2014, 8:49 am by JD Hull
Brad­lee as The Post’s executive editor in 1991, said, “Ben’s influence remained very much alive at The Washington Post long after he retired, distinguishing the newspaper and our newsroom as unique in journalism. [read post]
11 Oct 2014, 9:45 am by Rebecca Tushnet
  Splitting those apart is the point of the paper.Poor theory of distinctiveness + incredibly strong rights = trademark proliferation, land grab for expressive components of society b/c it’s in their interests to do so. [read post]
7 Oct 2014, 11:49 am
”Formula One objected that not only was the distinctive element of applicant’s mark F1 identical to their CTM, but also that the goods covered were identical and/or similar, emphasising that the similarity was accentuated by the enhanced distinctiveness and cachet of the F1 mark, garnered through its substantial and long-standing use. [read post]
Texas Penal Code § 21.15(b), aimed at “improper photography or visual recording,” made it an “offense” when a person photographs or by videotape or other electronic means records, broadcasts, or transmits a visual image of another at a location that is not a bathroom or private dressing room: without the other person’s consent; and with intent to arouse or gratify the sexual desire of any person. [read post]
26 Sep 2014, 3:53 am by SHG
It’s long been a peccadillo of mine, that when I buy a car, it’s not a free advertising opportunity for the dealer. [read post]
19 Sep 2014, 1:26 pm by Meena Harris
Retail & CPG at SAS; David Robinson, Principal at Robinson + Yu; and Joseph Turow, Professor at the University of Pennsylvania Annenberg School for Communication. [read post]
16 Sep 2014, 8:36 pm by Lyle Denniston
Responding to the Justices’ request for the federal government’s views, Solicitor General Donald B. [read post]
8 Sep 2014, 4:00 am by Administrator
The dispute between Wikipedia and the British photographer David Slater recently reported in various news outlets is not new. [read post]
5 Sep 2014, 7:55 am by Ron Coleman
Twitter: @patentlyo REBECCA TUSHNET’S 43(B)LOG Georgetown law professor Rebecca Tushnet covers the issues surrounding false advertising, copyright, commercial speech and more at her long-standing 43(B)log. [read post]