Use expressio unis to get at the fact that the noncommercial use holding is limited to situations where the challenged use is “used as a mark for a commercial product”; the term noncommercial use can reasonably include uses as a mark for political speech—Robert Kennedy, Jr., is using his father’s famous name to promote himself politically (also highlighting the importance of small differences when it comes to speech in the political realm). [read post]

In his latest article on Slaw.ca, Omar reports on an interesting case involving, incidentally, a recent law graduate and others suing a zipline company, which was cleared over waiver. [read post]