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18 Jun 2009, 1:46 am
[IPKat comment: 2 huge problems with this - (1) all these factors go towards showing that there's a link between the marks, but they don't really show that the link has 'rubbed off' on the later mark to give its owner an unfair advantage; (2) these are the factors that were used in relation to detriment to distinctive character, but the court has just said that these are two different types of harm; (3) the ECJ in Intel v CPM said such factors are insufficient for… [read post]
6 Nov 2008, 8:45 pm
We've had a chance now to read - no, make that "study" - the Wyeth v. [read post]
15 Feb 2023, 10:25 am by Eric Goldman
The state argues the law is designed to prevent mass shootings like the one in Buffalo, but the court says it’s not narrowly tailored to that goal: “it is hard to see how the law really changes the status quo—where some social media networks choose to identify and remove hateful content and others do not. [read post]
18 Apr 2011, 3:42 am by Russ Bensing
  One, State v. [read post]
14 Aug 2012, 2:46 pm by Michael O'Hear
Ginsburg’s position here recalls her (also unexplained) flip between the Scalia and Breyer camps in United States v. [read post]
29 Jul 2010, 9:42 am by Kent Scheidegger
The Supreme Court of the State of Washington today decided Brown v. [read post]
18 Jun 2011, 6:29 am by Gerard Magliocca
Over on Balkinization, I wrote a post raising questions about the Fifth Circuit’s decision earlier this week in United States v. [read post]
22 Jul 2019, 8:27 am by Richard Primus
United States, which fires a loud shot across the bow of the administrative state, contained something like a fictionalized account of the facts behind Schechter Poultry. [read post]
26 Jun 2015, 8:20 am by Rahul Bhagnari
Two years to the day after the Supreme Court struck down the Defense of Marriage Act in United States v. [read post]
31 Jan 2024, 7:10 am by Marty Lederman
  It’s hard to imagine Trump himself would step aside, and election officials in many or most states might not exclude his name from their presidential primary ballots. [read post]