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20 Nov 2015, 8:59 am by Rebecca Tushnet
  Bone/McKenna dispute is a conclusive argument against originalism, but agreeing w/him isn’t key—wants to convince people to take on the harm story on its own terms rather than just say cts aren’t doing what they’re supposed to do. [read post]
9 Nov 2015, 8:30 am by Martin Steiger
Rechtspolitisch wäre wünschenswert, dass kein Verwendungszweck von Hanfsamen zu einer Bestrafung führen würde. [read post]
5 Nov 2015, 7:56 pm by Jeff Gamso
 I'm less profane (but it's me, so I'm still NSFW if your W is easily offended, and if so, fuck 'em). [read post]
4 Nov 2015, 6:18 am by Evan Lee
I’m not saying a hundred percent, but very often with technical statutes, that’s how it works. [read post]
30 Oct 2015, 9:17 am by Rebecca Tushnet
  But—at least when the endorsers aren’t savvy as the Kardashians—they’re often just like the other people in their social circles—they find some things intuitive and some things confusing; they’re neither robots nor children. [read post]
30 Oct 2015, 7:48 am by Rebecca Tushnet
  I’m not clear on why that’s the troublesome outcome of the slippery slope.] [read post]
27 Oct 2015, 1:05 pm by Jason Shinn
But, whether you’re the President of the U.S. or your company, it is not enough to just announce a policy and do nothing. [read post]
23 Oct 2015, 1:07 pm by Rebecca Tushnet
 A brief review of the justifications usually given for the exclusions for marks that are scandalous or disparaging: (1) the harm done by the government endorsement represented by a registration; (2) the desire to withhold government resources from disparaging or scandalous terms; (3) the lack of any effect on a user’s ability or right to use the mark, with (a) possible §43(a) or state common law protection against confusing uses despite unregistrability, though this is not at all… [read post]
23 Oct 2015, 12:37 pm by Rebecca Tushnet
William & Mary Student Intellectual Property Society SymposiumA Right  to Register: A discussion of First Amendment Implications of the Trademark Registration Process Overview: Dean Laura Heymann, W&M Law: TMs reduce consumer search costs. [read post]
22 Oct 2015, 2:10 pm by Cody M. Poplin
 I’m going to be sending it back to Congress. [read post]
17 Oct 2015, 2:03 pm by Rebecca Tushnet
 We’ve struggled w/ the relevance of consent. [read post]