Search for: "In Re Grynberg" Results 41 - 54 of 54
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24 Jun 2022, 9:03 am by Rebecca Tushnet
So we’re close to having this doctrine but courts won’t yet take the final step. [read post]
12 Apr 2013, 9:13 am by Rebecca Tushnet
  Though we may call §43(a) claims unfair competition, because they’re subject to all the same rules as registered TMs, we don’t really think about the differences. [read post]
16 Apr 2018, 4:11 am by Rebecca Tushnet
  Grynberg: Tam oral argument, the focus was on source identification—he wrote about why disparaging terms are inherently less likely to identify source [though that gets us back to wholesale/retail].Burrell: In Brunetti: why was the court so desparate to get its hands on the 1A issues? [read post]
9 Jun 2016, 9:40 am by Rebecca Tushnet
 Grynberg: functionality has virtue of being somewhat isolated from other doctrines, especially doctrines developed for word marks. [read post]
22 Feb 2013, 7:07 am by Rebecca Tushnet
  Michael Grynberg’s general thesis about TM law: TM law ignores nonconfused consumers, the other 95%, and we should focus on their goals. [read post]
15 Apr 2019, 6:22 am by Rebecca Tushnet
Session 3: Defining Marks in Trademark Law vs. [read post]
25 Apr 2011, 7:43 am by Rebecca Tushnet
Is confusion what we’re testing for in those cases anyway? [read post]
20 Apr 2012, 10:18 am by Rebecca Tushnet
In Europe, for example, they’re considering revising their version of functionality, and it’s bubbling in the US too. [read post]
22 Apr 2011, 9:21 am by RT
They’re much more uncomfortable with having fun. [read post]
16 Apr 2010, 10:10 am by Rebecca Tushnet
Barrett thinks we’re unlikely to see more defenses created by the courts. [read post]
20 Apr 2012, 2:50 pm by Rebecca Tushnet
If we’re going to engage with boundaries, we should also engage with the instincts courts have about copying. [read post]