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Florida State University College of Law
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    4903 research outputs found

    FSU Law Focus - 12/13/2024

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    From the Dean: 2024 TLTF Summit in Miami; Spring 2025 OCI Registration is Open; Now Accepting Applications for 2025 Summer Undergraduate Program; FSU Law in the News: AI and Law Research; Author and Lawyer Scott Turow to Visit FSU; Faculty in the News: Wayne Logan; Alumni News: Ben Gibson (\u2708); Student Profile: 3L James Blounthttps://ir.law.fsu.edu/fsu-law-focus/1357/thumbnail.jp

    Retrenching Speech Protective Thresholds in Trademark Law

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    In their article, Raising the Threshold for Trademark Infringement to Protect Free Expression, Christine Haight Farley and Lisa Ramsey argue in favor of a speech-protective fair use test that would replace multiple tests applied by the U.S. Courts of Appeals when a defendant\u27s alleged infringement has either informational or expressive elements. This Response explains why this raised threshold test is unlikely to be adopted following the U.S. Supreme Court\u27s retrenchment of speech-protective thresholds in Jack Daniel\u27s Properties, Inc. v. VIP Productions, LLC. That prediction is bolstered by the Court\u27s likely holding in Vidal v. Elster. Readers persuaded that current defensive doctrines fail to sufficiently protect expressive and informational trademark uses will find the raised threshold test appealing. However, this Response concludes the proposed test is not constitutionally required. Moreover, applying the raised threshold test will lead courts in a surprisingly broad swath of cases to abandon or severely narrow important elements of current trademark doctrine, some of which are mandated by statute. Those threatened elements help courts correctly calibrate the commercial and expressive interests of trademark owners, alleged infringers, and the trademark-using public

    Of Convergence and Contingency: Some Thoughts on Public Firm Fiduciary Duties

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    FSU Law Focus - 03/22/2024

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    From the Dean: Institute of Law, Technology & Innovation and Holland & Knight - Artificial Intelligence Forum; Students Win National Moot Court Brief Writing Competition;Alum Profile: Kelsey E. Carlton (’21); Celebrating 2024 Grad Vivekka Suppiahhttps://ir.law.fsu.edu/fsu-law-focus/1003/thumbnail.jp

    FSU Law Focus - 04/12/2024

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    From the Dean: U.S. News & World Report rankings; FSU Law Institute Holds AI Forum in Washington, D.C.; Alum Profile: Kristin Ghanem (’10); Student Profile: 3L Samantha Lauranne Longley;https://ir.law.fsu.edu/fsu-law-focus/1239/thumbnail.jp

    FSU Law Focus - 01/26/2024

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    From the Dean: Fred Abbott nominated for Antitrust Writing Award; Alumni Invited to Join FSU Law Connect; Alum Profile: Laura McDonald Dennis (’11); Student Profile: 3L Tyler Kochhttps://ir.law.fsu.edu/fsu-law-focus/1074/thumbnail.jp

    FSU Law Focus - 01/19/2024

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    From the Dean: Upcoming Spring 2024 events; 2024 Summer Program Application Open; Alum Profile: Jennifer M. Heckman (\u2701); Student Profile: 3L Miguelson Charleshttps://ir.law.fsu.edu/fsu-law-focus/1289/thumbnail.jp

    FSU Law Focus - 08/09/2024

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    From the Dean: The Princeton Review\u27s 2024 rankings (third best for quality of life, sixth best for professors, first for resources for women, and sixth for resources for minority students); Faculty Profile: Rima Nathan (\u2719) Receives AARP Florida Award; Celebrating 2024 Grad Sarai Glazehttps://ir.law.fsu.edu/fsu-law-focus/1352/thumbnail.jp

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