Can You Copy a Famous Brand’s Trademark if It’s Meant to Be a Parody?
For decades, creators and novelty brands relied on a powerful shield known as the Rogers Test. Under this framework, courts routinely dismissed trademark infringement claims when a parody or other expressive work had artistic relevance and did not explicitly mislead consumers about its source. If a corporate giant threatened to sue, creators could invoke this threshold test to have the case dismissed on First Amendment grounds.
However, in 2023, the United States Supreme Court significantly narrowed that judicial safety net in Jack Daniel’s Properties, Inc. v.
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Where Should a Law Firm Draw the Line on Automation?
Automation is cheap. Knowing when to turn it off is not. Courts have now logged more than 2,000 cases involving AI-fabricated citations, and 825 of them were filed by lawyers. Malpractice data points the opposite direction, at missed deadlines and clients nobody called back. This post maps six areas of a small firm’s operations, task by task, and gives you four questions for deciding what a machine handles and what a person does.
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Kukin Program Podcasts!
Hi everyone! I’m excited to share that the Kukin Program podcast channel is dropping new episodes every Wednesday. The conversations include insightful discussions, real-world stories, and expert perspectives on the world of dispute resolution and mediation.On How My Friends Negotiate I interview people at the top of their fields including an Olympian, a former police chief, a best-selling cookbook author and iconic bakery owner, and an Emmy award winning movie producer. The first guest of season 2 is Indira Lakshmanan, award-winning journalist and host of NPR’s Here & Now. Yesterday’s episode is with Darryl Davis, known as The …
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China’s Arbitration Institutions
Here is the next installment in our China and ADR Design Series:China’s Arbitration InstitutionsLiu Zihe and Ren ZhongIn much of the world, arbitration is concentrated in a relatively small number of major institutions. China has 285 local arbitration centers. That difference is not simply a matter of scale. It reflects a distinctive approach to dispute-system design: government-supported institutional creation followed by increasing competition, differentiation, and movement toward organizational independence.The growth has been extraordinary. In 1995, 11 Chinese arbitration centers handled 107 cases involving roughly RMB 300 million (approximately US$44.7 million). By 2025, the Ministry of Justice reported…
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AI, Teaching, and Lessons from an Old Negotiation Debate
Reading this morning’s discussion about AI and legal education on the DR Listserv brought to mind an old debate that many ADR academics will recall.In 1984, James J. White published his well-known review of Getting to Yes, titled The Pros and Cons of Getting to YES, in the Journal of Legal Education. My recollection is that White argued, among other things, that the Getting to Yes framework did not fully capture how negotiation often operates in the real world. Roger Fisher’s response, as I recall, was more about advocating for how the world should be.What has…
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Most of the Time the Hardest Thing and the Right Thing Are the Same
Early in my career I noticed that whenever I was avoiding a decision, it usually wasn’t because I didn’t know what to do. It was because I knew exactly what to do and didn’t want to do it. The hard conversation with a client about a case that isn’t going the way they hoped. Telling a partner their strategy has a problem. Cutting ties with someone who isn’t working out even though you like them personally. None of these require more research or more time to think. What they require is the willingness to sit in the discomfort long enough…
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Beyond AI Slop: Preparing Law Students for Responsible Practice in the AI Era
AI slop is coming to a legal system near you. Actually, it probably already has.Lawyers increasingly encounter AI-generated material from clients, counterpart attorneys, self-represented parties, experts, and others.Some of it is excellent.Some is slop. Here’s a technical illustration.Like it or not, your graduates are likely to deal with AI – including AI slop – from now on.What Should Law Schools Do?I just posted a short article on SSRN, Beyond AI Slop: Preparing Law Students for Responsible Practice in the AI Era, which argues that law schools should prepare students for three aspects of practice that are becoming…
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Phoenix Dog Bite Lawyers: Why Victims Trust Bailey Law Firm
Dogs are often considered man’s best friend, but sometimes unpredictable behavior can lead to serious bites and injuries.
Phoenix dog bite lawyers help victims understand their legal rights and pursue compensation for their injuries.
Comprehensive injury recovery requires mental health restitution and fair pain and suffering payouts.
The Centers for Disease Control and Prevention (CDC) estimates roughly 4.5 million dog bites occur each year in the United States.
Nearly 1 in 5 become infected.
PTSD from dog attacks can also be worse than the bite itself.
The emotional trauma and personal injury from these attacks can affect daily life…
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Introduction to Series: China and ADR Design
Indisputably is proud to host a new series of weekly posts on developments and innovations in arbitration in China. The brainchild of Richard Bales (ONU), these posts raise questions not only for arbitration, but for our broader ADR community.China and ADR DesignRichard BalesMany of the most interesting developments in Chinese arbitration concern questions familiar to mediators and other ADR professionals: when neutrals should facilitate settlement, how technology should be integrated into dispute resolution, how institutions should balance efficiency and party autonomy, and whether dispute systems should be designed differently for different legal cultures. China is a particularly…
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The End of the Beneficial Ownership Reporting. What Does It Mean for Business Owners?
On August 11th, 2026, the Trump administration, through the US Department of the Treasury’s Financial Crimes Enforcement Network, announced the permanent end of BOI (Beneficial Ownership Information), marking the end of the Beneficial Ownership reporting requirements for US companies. Most entities required to report before August 11th, 2026 were Limited Liability Companies (LLCs), the most […]
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Why Should You Hire a Drug Crime Lawyer in Arizona
Facing legal problems produces strong fear and intense emotional distress. Most people lack proper knowledge about handling situations when law enforcement officers detain them for drug offenses. A proficient drug defense attorney will show you how to protect your rights while they guide you through each step of the legal process. Arizona has strict drug … Continue reading “Why Should You Hire a Drug Crime Lawyer in Arizona”
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What Therapy Helps After a Back Injury Caused by an Accident?
Article Summary
- Therapy after a back injury can help reduce pain, restore mobility, and support recovery after a car, truck, motorcycle, bicycle, or other accident.
- Following your doctor’s treatment plan is important not only for recovery but also for documenting the severity and progression of your injuries.
- Physical therapy is common, but some patients may also benefit from occupational therapy, chiropractic care, pain management, massage therapy, or cognitive behavioral therapy depending on their diagnosis and symptoms.
Back injuries are common after car accidents, motorcycle and bicycle accidents, and other traumatic events. Even when no fracture is immediately apparent, pain, stiffness,…
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Don’t Accept Kindness as Weakness
I have watched people mistake civility for softness many times, and it is one of the more expensive misreadings a professional can make. Being kind to a colleague, a partner, or opposing counsel does not mean you have surrendered your judgment, your position, or your resolve. It means you have chosen a way of operating that costs you nothing and often buys you a great deal. The professionals who last are not the ones who confuse decency with a lack of spine. They are the ones who have learned that you can be warm in the room and sharp on…
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How to Get Law Firm Reviews that Are Actually Worth Having
Your best clients would write you a great review, but nobody ever asked them the right question. Star ratings still matter, but the words inside a review are doing new work now that AI assistants read them. This is the practical version: when to ask during a long matter, the questions that produce a detailed review instead of five words, which platforms can actually take a review you asked for, and what the FTC, the platforms, and your bar each allow. Includes a message template you can send today.
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Do You Need a Lawyer or Can You Handle Your Personal Injury Claim Alone?
Article Summary
- You can handle a personal injury claim yourself, but serious injuries, disputed liability, or complicated insurance issues can make the process much harder to manage alone.
- A personal injury lawyer can investigate the accident, gather evidence, calculate damages, negotiate with insurers, and file a lawsuit if necessary.
- Most Arizona personal injury attorneys work on a contingency fee basis, so there are typically no upfront attorney fees and you generally do not pay attorney fees unless compensation is recovered.
After an accident, you may wonder whether you really need a personal injury lawyer or whether you can deal with…
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August 2026 Entity Formation
Scottsdale clients with adult children expanded their real estate investment and development activities and desired to formalize their corporate structure to maximize their estate tax, income tax and creditor protection benefits of the structure. Working with the client’s CPA, DeAngelis Legal advised the client on the various alternatives and choice of entity issues, created a separate S-Corporation for the operating business and a holding company and several subsidiaries for the real estate investments. DeAngelis Legal drafted the formation documents and filed the appropriate documents with the Arizona Corporation Commission creating each entity.
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