heidi: (legally)
[personal profile] heidi
Hey, fellow attorneys - has anyone seen the actual ruling from this yet?

The court ruled that federal trademark law requires more evidence that a competitor actually caused harm by using a sound-alike or knockoff name...

Veeeeeeeeeeeeeeeeery interesting...

(no subject)

Date: 2003-03-04 11:47 am (UTC)
From: [identity profile] steve-dallas.livejournal.com
I know. I amazed that the SC actually got one right for a change.

(no subject)

Date: 2003-03-04 12:45 pm (UTC)
From: [identity profile] rivkat.livejournal.com
Go here (pdf file). I haven't read it yet, though I'm intrigued that Scalia didn't join Part III and didn't write to explain why. Off to read it now.

(no subject)

Date: 2003-03-04 12:50 pm (UTC)
From: [identity profile] steve-dallas.livejournal.com
Section III deals with statutory history... something Scalia finds awfully distasteful.

Scalia never misses a chance to make a point.

(no subject)

Date: 2003-03-04 01:41 pm (UTC)
From: [identity profile] rivkat.livejournal.com
Yeah, but ... it doesn't even rely on the legislative history and in fact suggests the statutory text overrides the history, which I suppose is why Scalia didn't write separately, but still, what a snide man he is.

(no subject)

Date: 2003-03-04 03:24 pm (UTC)
From: [identity profile] steve-dallas.livejournal.com
Agreed.

My best guess is that he just objected to the Court discussing statutory history at all. One wonders if he requested that it be put in a separate section so he could not join in that part.

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