Search for: "Robert M. Lanham" Results 1 - 20 of 85
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16 Feb 2024, 12:13 pm by Rebecca Tushnet
I’m going to start by going back to some earlier cases, Two Pesos v. [read post]
3 Nov 2023, 12:44 pm by Rebecca Tushnet
” And that’s just completely untethered to the actual history --no substantive federal TM until the Lanham Act; first attempt struck down as unconstitutional—a tradition that is younger than my parents is not usually the kind of tradition the Court’s current majority pays attention to --no tradition of requiring consent for registration or use of marks that demean rather than impersonate, whether at the state level or otherwise --no tradition of treating the fame… [read post]
27 Mar 2023, 4:00 am by Michael C. Dorf
On the other hand, there was uncertainty about how to integrate that test--or any other test that gives ample protection for free speech--with the statutory requirements of the Lanham Act. [read post]
10 Mar 2023, 2:12 pm by John Ross
(And unlike Robert Bork, the court resisted the impulse to include any scatological puns about "FECA[L] matter. [read post]
3 Feb 2023, 9:40 am by Rebecca Tushnet
Background: Erie marks transition from era of legal formalism to realism; one of the reasons we have the Lanham Act, since Erie invalidated the federal common law of trademarks. [read post]
4 Oct 2021, 10:58 am by Rebecca Tushnet
Professor Alexandra Roberts has written an excellent recent article on this, Trademark Failure to Function. [read post]
11 Aug 2021, 3:21 pm by Rebecca Tushnet
Test subjects saw sexy M&M and Reefer’s Cup. [read post]
31 Jul 2020, 12:38 pm by Rebecca Tushnet
Lanham Act 2(a): false association: ability to block other registrations, gives estate leg up in establishing priority. [read post]
10 May 2019, 9:12 am by Eric Goldman
by guest blogger Alexandra Jane Roberts When does using a competitor’s trademark as a hashtag create a false impression of association? [read post]
15 Apr 2019, 1:44 pm by Mark Walsh
(I’m generally using “Brunetti’s mark” as my polite substitute.) [read post]
6 Jan 2019, 8:04 pm by Steve Baird
” I’m thinking the Court will decide that the Federal Circuit went too far in Brunetti, and it will find a way to retain the “scandalous” bar to federal registration, though I’m doubting the “immoral” bar will survive, so stay tuned. [read post]