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23 Feb 2024, 1:43 pm by Rebecca Tushnet
Things can be source identifiers, without being commercial source identifiers (United We Stand): confusion but not dilution actionable Jack Daniel’s didn’t purport to decide the full scope of the “noncommercial” exclusion. [read post]
27 Mar 2022, 3:34 pm
Attorney’s Fees in a Copyright Action« Win One for the Gipper »  Appeal from the United States District Court for the Northern District of Texas USDC No. 4:20-CV-1157 Just as famous as some great upsets in sports history are the motivational speeches that inspired them. [read post]
2 Feb 2020, 11:28 pm
Likewise, the United Kingdom Intellectual Property Office (UKIPO) held repeatedly that comparable strategies could constitute bad faith [e.g. here, here and here]. [read post]
14 Jul 2019, 4:22 am
Brunetti.Here's what Thomas writes:Erik BrunettiFreedom of Expression Transcends Morality in US Trademark Registration by Thomas Key As the Court of Justice of the European Union is currently considering the role of freedom of expression in trademark law, the Supreme Court of the United States has made a sharp determination on the matter in Iancu v. [read post]
12 Feb 2018, 3:01 am
Belmora says that one need not own a trademark in the United States to bring a Section 43(a) claim (Bayer owned the mark FLANAX in Mexico). [read post]
23 Nov 2016, 9:16 am by Eric Goldman
Unite Here * Trademark Dilution Symposium Videos * Griper Selling Anti-Walmart Items Through CafePress Doesn’t Infringe or Dilute–Smith v. [read post]
11 Aug 2016, 3:41 pm by Rebecca Tushnet
  Inherent in this process is recognition that a lexical unit is functioning as a referent and not as a description. [read post]
7 Apr 2016, 2:27 pm by Lawrence B. Ebert
This was an appeal from the United States District Court for theMiddle District of Florida in No. 3:11-cv-00819-TJC-JRK,Judge Timothy J. [read post]
21 Jul 2015, 2:45 am
Moreover, many of the seminal cases in the area predate such important new contributions to Commerce Clause juris prudence as United States v. [read post]
17 Apr 2015, 4:23 pm by Rebecca Tushnet
  Now it’s possible to look at when people stopped saying “the United States are” and said “the United States is” by copying the contents of an entire library: a nonexpressive use. [read post]
6 Feb 2015, 8:11 am by Rebecca Tushnet
 Coca-Cola’s treatment in Canada v. [read post]