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(A Short History of) The Misuse of Trademarks to Control Free Expression

Paper included in the CLE materials for a panel on which I was a participant at the American Intellectual Property Law Association's annual meeting on October 24, 2013. The Panel was entitled "Trademarks, Goodwill and Free...more

DOMA goes down - Copyright goes up - U.S. v. Windsor, Supreme Court, No. 12-307, decided June 26, 2013

The Supreme Court today handed down a far reaching decision throwing out an attempt by Congress to deny the benefits conferred by federal law on same sex couples legally married under state law holding that the Defense of...more

Coyle: Robert's SCOTUS Doesn't Respect Congress  [Video]

June 21 (Bloomberg Law) -- Marcia Coyle, Chief Washington Correspondent for The National Law Journal, talks with Bloomberg Law's Lee Pacchia about her new book entitled "The Roberts Court: The Struggle For The Constitution."...more

Boarding School Review, LLC v. Delta Career Education Corp.

Order GRANTING Plaintiff's Motion to Dismiss Pursuant to FRCP 12(b)(6)

Plaintiff operates a website called Community College Review. It received multiple cease and desist letters, which escalated in the severity of their threats, from counsel for certain institutions about which routine,...more

In re Simon Shiao Tam

Ex Parte Appeal Brief of Simon Tam of the PTO's Refusal to Register THE SLANTS Trademark

From the Preliminary Statement: This is not yet another case of a member of an ethnic group seeking registration of a supposedly offensive slur on the ground that group members, or he in particular, have “embraced” the...more

Geolocational Privacy Law Evolved Slowly in 2012

The law of geolocational privacy continued to evolve in 2012 even though the Supreme Court sidestepped the issue in a potential landmark case. Despite the lack of clarity from the Supreme Court, there will be more...more

Indiana Sex Offender Social Website Ban Law Is Unconstitutional

An Indiana statute prohibiting most registered sex offenders from using social networking websites is unconstitutional because it is an overly broad infringement of First Amendment rights. The Indiana law prohibited...more

Trademark Registration Application for THE SLANTS

THE SLANTS Trademark Registration Application, Office Actions and Responses, plus Notice of Appeal

Can THE SLANTS be registered as a trademark? In fact, there are many trademark registrations for the word SLANT. But what if the person who wants to register the mark is Asian? According to the PTO, then the mark may not...more

IP/Entertainment Law Weekly Case Update for Motion Picture Studios and Television Networks - October 25, 2012

Table of Contents: - Claybrook v. American Broadcasting Company: District court dismisses putative class action alleging racial discrimination in casting of shows The Bachelor and The Bachelorette, holding that...more

Boarding School Review, LLC v. Delta Career Education Corp.

First Amended Complaint and Jury Demand

Plaintiff operates a website called Community College Review. It received multiple cease and desist letters, which escalated in the severity of their threats, from counsel for certain institutions about which routine,...more

Sorensen v Giant International

Amended Motion for Reconsideration of Joint Order Entering Stay in Sorensen Cases

Plaintiff patent holder requests reconsideration of a stay order continuing stay of 18 infringement suits for another year after 2+ year stays pending reexamination of the subject patent by the USPTO. The motion...more

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