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31 Mar 2017, 9:08 am by Rebecca Tushnet
One example: Maker’s Mark case v. [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]
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]
11 Feb 2017, 7:09 am by Rebecca Tushnet
May get different kinds of thinking about that question v. clothing. [read post]
10 Sep 2016, 11:14 am by Rebecca Tushnet
  Tasting the TM in Pepsi/Coke studies.What we know about brands v. what we know about TMs—Deven Desai has written about the distinction and the lack thereof that has been part of the problem. [read post]
9 Sep 2016, 5:02 pm by Rebecca Tushnet
  Abishek Nagaraj: Good job of studying IP free zones v. struggles. [read post]
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]
11 Aug 2016, 10:25 am by Rebecca Tushnet
Different question about length v. breadth while in place. [read post]
21 Jul 2016, 9:30 pm by Justin Daniel
Canada’s Minister of Environment and Climate Change, Catherine McKenna, reportedly announced that Canada will implement a national tax on carbon—McKenna has described carbon pricing as “one of the most efficient ways to reduce emissions,” and one that capitalizes on the “emerging low-carbon economy. [read post]
9 Jun 2016, 2:01 pm by Rebecca Tushnet
Distinctiveness test doesn’t work well applied to shapes, as McKenna said. [read post]