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13 Apr 2024, 3:33 pm by admin
Prelude to Litigation Phenylpropanolamine (PPA) was a widely used direct α-adrenergic agonist used as a medication to control cold symptoms and to suppress appetite for weight loss.[1] In 1972, an over-the-counter (OTC) Advisory Review Panel considered the safety and efficacy of PPA-containing nasal decongestant medications, leading, in 1976, to a recommendation that the agency label these medications as “generally recognized as safe and effective. [read post]
27 Nov 2023, 8:07 am by Eric Goldman
Examples of trademark experts with this view include professors Rebecca Tushnet and Jennifer Rothman; attorneys Megan Bannigan, David Bernstein, Timothy Cuffman, and Jon Jekel; and news reporters from the New York Times (Adam Liptak) and Bloomberg (Greg Stohr). [read post]
10 Jul 2023, 4:00 am by Peter Mahler
NW Media Loses on Appeal Last month’s relatively brief decision by the Appellate Division rejecting NW Media’s appeal essentially adopted Justice Crane’s analysis and conclusion that case dismissal was required by Sterling. [read post]
26 Apr 2023, 6:30 am by Guest Blogger
Hungary, Myanmar, Poland, Turkey, Tunisia, Venezuela are just some of the nations where democracy is teetering and may not prevail.[4] Large majorities of Americans believe American democracy is at risk—but they also disagree sharply about why.[5]  Risks come here and elsewhere as politicians appeal to the fears and hatreds of masses of people—at the expense of minorities, truth, and reason—and gain supporters while undermining belief in equality, tolerance and the… [read post]
23 Feb 2023, 8:16 am by Amichai Cohen, Yuval Shany
Rothman has, in response, used his powers generously to eject disruptive members of the opposition. [read post]
16 Feb 2023, 5:16 am by Amichai Cohen, Yuval Shany
Appeals on decisions by these courts are submitted to six district courts, where almost 200 judges serve. [read post]
19 Dec 2022, 2:31 am by INFORRM
On 16 December 2022, Rothman J granted leave to the claimant to file a fourth amended statement of claim so that it pleads further and better particulars that reflect a material fact in Newman v Whittington [2022] NSWSC 1725. [read post]
13 Dec 2022, 8:03 am by centerforartlaw
Samsung, 971 F.2d 1395, 1397 (9th Cir. 1992)) New York only has one system of Right of Publicity law.[5][6] The NY statutory regime supports a right of publicity, yet the New York Court of Appeals has held that there is no common law right of publicity in Stephano v. [read post]
13 Dec 2022, 8:03 am by centerforartlaw
Samsung, 971 F.2d 1395, 1397 (9th Cir. 1992)) New York only has one system of Right of Publicity law.[5][6] The NY statutory regime supports a right of publicity, yet the New York Court of Appeals has held that there is no common law right of publicity in Stephano v. [read post]
21 Oct 2022, 9:30 pm by ernst
Supreme Court denied certiorari in an appeal seeking to overturn The Insular Cases  (NPR).Weekend Roundup is a weekly feature compiled by all the Legal History bloggers. [read post]
28 Jun 2022, 8:58 am by Jessica Engler and Mary Love
Rothman, “Louisiana’s Allen Toussaint Legacy Act Heads to Governor’s Desk”, Rothman’s Roadmap to the Right of Publicity (Jun. 6, 2022) (https://rightofpublicityroadmap.com/news_commentary/louisianas-allen-toussaint-legacy-act-heads-to-governors-desk/). [read post]
19 Feb 2022, 11:14 am by Rebecca Tushnet
In addition, not all circuits have adopted Rogers, though neither has any court of appeals rejected it. [read post]
18 Feb 2022, 8:47 am by Rebecca Tushnet
[Jennifer Rothman has written about using ROP claims in this way, but not happily.] [read post]
25 Jan 2022, 2:46 pm by Patricia Hughes
Saskatchewan (“Rothmans“) and Quebec (Attorney General) v. [read post]
12 Dec 2021, 1:09 pm by Dennis Crouch
As Jennifer Rothman observes, “[a]t least five balancing approaches have been applied to evaluate First Amendment defenses in right of publicity cases. [read post]
17 Oct 2021, 2:17 pm by admin
Chin, Associate Justice, The Supreme Court of California Pauline Newman, Judge, Court of Appeals for the Federal Circuit Kathleen O’Malley, Judge, Court of Appeals for the Federal Circuit (formerly a district judge on the Northern District of Ohio) Jed S. [read post]
4 Aug 2021, 11:49 am by Rebecca Tushnet
Panel 2 – Copyright Enforcement: Faye Fangfei Wang, Resolving Copyright-related Cases Over the Internet with the Assistance of Artificial  Intelligence in Europe Automated notice and takedown/Content ID with appeal mechanism as an example of how the new European rules are supposed to work. [read post]