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Each firm will present an oral argument on behalf of different interested parties. The hypothetical fact pattern will be derived from a case now awaiting a decision on a petition for certiorari to the Supreme Court: Empire Distribution Inc. v. Twentieth Century Fox Television (No. 17-1383). The hypothetical will address the intersection of trademark law and the First Amendment when it comes to use of trademarks in the titles of expressive works, the appropriate test for assessing “reverse confusion,” and procedural issues relating to the standard of review of a lower court’s analysis of confusion. The Judges will hear argument, retire to conference the case, and return to the bench with their comments. They will also answer any questions related to the mock argument and their deliberations in the case conference. |
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Judges' Panel SDNY Magistrate Judge Stewart D. Aaron sitting by designation SDNY Magistrate Judge Robert W. Lehrburger sitting by designation SDNY Magistrate Judge Ona T. Wang sitting by designation |
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Firms |
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EARN 1.5 NY/NJ CLE CREDITS |
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