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12 Dec 2011, 11:14 am by Eugene Volokh
Telemarketing Associates, Inc., 538 U.S. 600, 612 (2003) (relying in part on Gertz’s holding that “the ‘intentional lie’ is ‘no essential part of any exposition of ideas’” in concluding that fraud is constitutionally unprotected); see also, e.g., Herbert v. [read post]
12 Dec 2011, 11:14 am by Eugene Volokh
Telemarketing Associates, Inc., 538 U.S. 600, 612 (2003) (relying in part on Gertz’s holding that “the ‘intentional lie’ is ‘no essential part of any exposition of ideas’” in concluding that fraud is constitutionally unprotected); see also, e.g., Herbert v. [read post]
3 Aug 2010, 2:24 am by gmlevine
Forum February 5, 2009) and also “creates a rebuttable presumption that the mark is inherently distinctive,” Janus International Holding Co. v. [read post]
4 Apr 2013, 7:04 am by Ronald Collins
Nelson Even among those who practice or teach First Amendment law, Dun & Bradstreet, Inc. v. [read post]
4 May 2019, 12:39 pm by MOTP
It did so based on mistaken facts and extemporized legal grounds that do not hold up upon closer scrutiny.Here is what's wrong with the memorandum opinion by Richard Hightower, handed down in Sheila Kirk v. [read post]
10 May 2014, 8:25 am by Eric Goldman
Carafano, 339 F.3d at 1124 (citing Gentry v. eBay, Inc., 99 Cal. [read post]
31 May 2008, 1:00 am
Louis Vuitton Malletier v. [read post]
17 Mar 2014, 5:28 am by Rebecca Tushnet
Google, Inc., No. 12-57302 (9th Cir. [read post]
26 May 2020, 8:57 pm by Scott McKeown
NPRM to Codify Existing Practices with Notable Exception The United States Patent and Trademark Office (USPTO) issued a notice of proposed rulemaking today to update its rules to conform to SAS Institute Inc. v. [read post]