The nominative fair use doctrine was first recognized by the Ninth Circuit in New Kids on the Block v. News America Publishing, 971 F. 2d 302 (1992). The elements of this doctrine in the Ninth Circuit ...
If a defendant in a trademark case uses the plaintiff’s trademark, not to identify the defendant’s own products, but rather to refer accurately to the plaintiff’s products, is that trademark ...
Under the view of nominative Case taken by Chomsky (2000, 2001), one would expect nominative to be the marked or complex Case, being merged after accusative. In fact, however, it is the other way ...
Many years ago, back when I used to answer my landline telephone, I found myself in a conundrum. I realized that, when a caller asked, “May I speak to June, please?” I would answer, “This is she.” But ...
Addressing whether a district court properly dismissed a Lanham Act case as a sanction for failure to timely file an amended complaint, the US Court of Appeals for the Ninth Circuit concluded that the ...