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11 Feb 2017, 7:09 am by Rebecca Tushnet
  Technically about different subject matter requirement but important b/c Rich equates configuration with 3-D design and then says the water is ok. [read post]
14 Nov 2016, 6:51 am by Rebecca Tushnet
W/in national system, use has to be w/in country. [read post]
18 Feb 2022, 12:32 pm by Rebecca Tushnet
Rosenblatt: CASE Act may be challenging for clinics b/c there’s not a lot of legal rigor to it and b/c it’s uncertain—you might recommend a P try it but also that a D opt out. [read post]
23 Mar 2017, 3:02 pm by Rebecca Tushnet
My obsession w/the consumer who does not know enough to ask, to borrow from the Passover Seder: that is likely to be a big component, and thus particularly hard to test b/c answers so easily distorted when there’s no preexisting opinion. [read post]
18 Feb 2022, 8:47 am by Rebecca Tushnet
Forum-shopping from TTAB/federal court; D secured transfer from Mass. to Cal. b/c standard for proving abandonment is not consistent through US. [read post]
5 Jul 2015, 8:09 am
If the [d]ocumentary had merely used a number of excerpts from the [c]oncert [v]ideo, and hence of the [c]opyright [w]orks, then that might well have been reasonable having regard to the transformative purpose. [read post]
31 Mar 2017, 9:08 am by Rebecca Tushnet
  Lemley: struggle w/peripheral/central divide, b/c advantages and disadvantages for each. [read post]
9 Jun 2016, 7:38 am by Rebecca Tushnet
Europe has a problem w/that b/c we haven’t recognized that something might have just gotten over the line of protectability when we later analyze its scope. [read post]
10 Aug 2017, 7:43 am by Rebecca Tushnet
  One reason that happened is that 20th c. courts collapsed a whole bunch of different forms of unfair competition claims into TM w/o much consideration of nuances. [read post]
29 May 2015, 7:13 am by Rebecca Tushnet
Our research has been able to get the raw data out of the device; otherwise you’d get none at all. [read post]
6 Jul 2010, 3:50 pm by Idaho State Police
NoVehicle #2____________Driver: Phillip C Norberg Age 19Address: Orofino IDInjuries: NoneVehicle: Year 1998 Vehicle Make: Western Semi w/ TrailerWrecker: Forests TowingSeatbelts: Yes INCIDENT NARRATIVE: Baker pulled out from the North exit at the Clearwater Casino. [read post]
28 Jul 2018, 5:04 pm by Steve Kalar
  “[W]e hold that there is no presumption of public access under the First Amendment or common law that attaches to Rule 17(c) subpoena applications and their supporting materials. [read post]
2 May 2016, 8:54 pm by Rebecca Tushnet
There are some inconsistencies b/c of complexity; Congress needs to amend 512(m) to carve out (c) and (d) and to clarify that red flags doesn’t require knowledge of specific infringement. [read post]
13 Feb 2012, 2:15 am by Laura Sandwell
Scottish Executive policy guidance states that, subject to material considerations indicating otherwise, proposed sites should be considered in the following descending order of preference: (a) town centre, (b) edge of town, (c) other commercial centres identified in the development plan and (d) out of centre locations that can be accessed by various transport modes. [read post]