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9 Sep 2016, 11:33 am by Rebecca Tushnet
Flat fee v. pay per performance v. tournament—if you do very well, big payment, but otherwise nothing. [read post]
23 Mar 2017, 3:02 pm by Rebecca Tushnet
May not be case by case but we have to figure out where and why to draw lines, some of which will be normative but not all.McKenna: surveys directed at words—Gucci v. [read post]
9 Aug 2018, 4:00 am by Administrator
McKenna 2018 Contact: contact@chiefjusticekerwin.ca Excerpts from various chapters From Chapter 2: Growing Up – Sarnia According to an oft-repeated story in our family, Patrick, at the age of fourteen, decided to quit high school and get a job to help out with the family’s finances. [read post]
1 Mar 2014, 10:36 am by Rebecca Tushnet
RT: McKenna says: Might expect that skills would be transferable to new geographic areas, but less so in other product markets. [read post]
2 Dec 2008, 9:00 pm
I even got comments from people that thought I was "absurd" for not listing them. [read post]
12 Apr 2013, 9:14 am by Rebecca Tushnet
  (McKenna Q: is there a clear distinction?) [read post]
23 Mar 2017, 10:31 am by Rebecca Tushnet
Any general claims about distinctiveness must take into account: eligibility for protection/scope of protection; reality v. policy; words v. non-words; perception by single consumers v. aggregate; consumer search costs approach v. product goodwill approach; US v. [read post]
31 Jul 2020, 12:38 pm by Rebecca Tushnet
  Mark McKenna: really stuck on the label “endorsement” for a dead person. [read post]
14 Aug 2010, 5:02 am by Rebecca Tushnet
Sprigman: this is a specific v. general placebo issue. [read post]
12 Aug 2011, 12:25 pm by Rebecca Tushnet
A: some people incl. [read post]
5 Dec 2019, 10:43 am by Rebecca Tushnet
Sarah Burstein: Reichman is worried that designs can’t satisfy nonobviousness—but the Federal Circuit has removed constraints.Reichman: the Fed Cir has improved it; but still, nonobviousness means that people don’t apply—the lawyers tell the designer there’s no chance. [read post]
30 Nov 2007, 4:21 pm by jesse londin
First, SLP joins folks around the globe including everybody here in blogspace in congratulating CNSA and the people of China on the success of the lunar probe Chang'e I. [read post]
28 Feb 2014, 2:48 pm by Rebecca Tushnet
  McKenna: marketing literature has some answers there.Bone: still normative.McKenna: normative to say “too close,” but descriptive to say there are degrees of closeness.Bone: in a sense blurring and tarnishment are similar. [read post]