Tag Archives: Showing

Emoji are showing up in court cases exponentially

and courts aren’t prepared – The Verge: “Bay Area prosecutors were trying to prove that a man arrested during a prostitution sting was guilty of pimping charges, and among the evidence was a series of Instagram DMs he’d allegedly sent … Continue reading

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If Your Trademark Case Depends on Showing Initial Interest Confusion, Save Your Money–Select Comfort v. John Baxter

I’ve bashed the initial interest confusion doctrine for decades. It’s one of the worst doctrinal “innovations” in trademark law–ever. However, you might have noticed that I haven’t blogged many initial interest confusion cases recently. Why? Because the phrase rarely shows … Continue reading

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Vibrio Cases from Venezuelan Crab Meat Showing Up in Maryland

By: Dwight Spencer. It’s the new kid on the block. Well, not really, but how many of us have heard about Vibrio before? I will be honest and raise my hand to that question – until now that is. This … Continue reading

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the perils of default judgments against speech: showing up late can prove onerous

Lokosky v. Gass, No. 1 CA-SA 18-0101, 2018 WL 3150499 (Az. Ct. App. Jun. 28, 2018)Respondents (not Gass, who’s the judge, named for procedural reasons) sued Lokosky for false advertising and related claims seeking to compel Lokosky to "remove from … Continue reading

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Are You Showing Enough in an Offer of Proof?

When the opposing side objects to your evidence or the judge rules your evidence inadmissible, it’s time to make an offer of proof to encourage the court to admit the evidence or reconsider its ruling. Here’s a handy table illustrating … Continue reading

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