This case involves a dog toy that copies jack daniels trademark and associates its whiskey. After a fourday trial the District Court found infringeme and delusion. They erroneously reversed the holdings. As to infringent the circuit didnt find the likelihood of confusion. It instead reversed by applying an exception to the act that the Second Circuit in rogers versus grimaldi invented. Under rogers inexpressive work is allowed to confuse asong as the use is relevant and not exicly misleading. But the act has no exception for expressive works. Itar using marks for any goods when liky to cause confusion as to sponsorship or approval. Arstic element has nothing to do with confusion and both plit and explicit uses c confuse. Nodoes constitutional avoidance justi rogers. Rogers doesnt possibly construe any text a there are no first endment issue as to avoid. A trademark Search Engine Property Rights that necessarily stct speech to protect investntn goodwill and event consumer confusion. And
Race against republican kim guadagno, but murphys candidacy hasnt necessarily created a huge amount of excitement, despite help from president s obama and clinton and also hillary clinton, the runnerup in 2016. And listen to this. Perhaps the starkest contrast is from the newark starledger in its endorsement, quote, our choice is democrat phil murphy by default. [ laughter ] he has profound weaknesses, starting with his lack of political experience and his ferocious loyalty to public worker unions. It goes on to talk about his opponent. The newark starledger continues, but Lieutenant Governor kim guadagno, the republican candidate, is the worst nominee of either major party to come along in decades. Now, im sure that people out there are saying the starledger has a certain slant about this. No surprise it picks murphy. But, jan, how do you think about a paper going out and saying, hes the best worstest candidate right now . Well, i hope it helps kim guadagno. I think shes a female cand
They were all transported to the hospital where they are all stable. Theyre all expected to survive. Police are working on Surveillance Video in this area of the gunmen. The gunmen after the shooting simply ran away. There is no lookout for any car or vehicle in this case. Now lets listen to the chief as she talks about what happened with this bike officer. When the sound of gunshots rang out, we have an officer on Mountain Bike patrol about a block away. As he is coming up to the scene, he is struck by a car. That car did stay on the scene. The officer is in good condition. He has been transported. But right now his injuries are not serious. Reporter so again all of the vehicles who were shot today are expected to survive. Again, that bike officer is doing okay. Now the chief also tells us this shooting appears to be targeted. We are live in northwest. Darcy spencer, news4. Now to politics in the next phase of the president ial race. The fall general election tonight, but there is sti
Former new york governor George Pataki is here and Foxs Bret Baier here to break it down. New poll 2 3 of british muslims, if they knew of a terror plot. How could anybody with a Muslim Population combat radical islamic terrorism when the majority of muslims seem to feel more allegiance to their religion than to their own country and sense of right and wrong, their own sense of basic human decency . Well talk about that, u2 singer bono has a solution. Send in the comedians, amy schumer and chris rock. That will work right . Not making this up. Apparently humor will trump suicide bombers. It will take a little more than propaganda. Well talk about all of it. How do you like this . Hillary clinton throwing new york mayor bill de blasio under the bus, blaming him for that racist comedy skit she participated in. Cant she take responsibility for anything she does . She was the one who gave the punch line in the joke. Well debate it. First back to the top story, donald trump on a rampage aga
Freedom summit yesterday. He is expected to be the seventh republican to officially enter the 2016 president ial race. It is sunday morning, may 10. A very happy mothers day. Both the house and senate are in session this week. The president spending his week in washington, including his presentation on tuesday in a Georgetown University sponsored function on poverty of america. He is also meeting with the king of saudi arabia, that is scheduled for thursday. We will begin this morning with highlights from the Citizens United forum live in greenville, South Carolina. The full event is on our website, cspan. Org. As the race begins to take shape, what do you think the republican message will be to voters . How do you think democrats will respond. Lines are open. 202 7488000 for democrats. If you are republican, we want to hear from you, that line is 202 7488001. We also have a line for independents. Join in on the conversation on our Facebook Page, or send us a tweet at cspanwj. We will