Legal Writing Resources

Legal writing is very different than novel writing. In legal writing, the goal is to clearly and persuasively communicate points of fact and law in as few words as possible. Judges and clerks are busy, so they don’t have all day to figure out what are your arguments. @BryanAGarner is an appellate lawyer that writes a […]

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Generic Trademark

A generic trademark is never entitled to trademark protection if it the generic name of goods or services on or in connection with which it has been used. A generic term can never become a trademark. “[N]o matter how much money and effort the user of a generic term has poured into promoting the sale […]

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Nominative Fair Use Lanham Act

Nominative fair use is a legal doctrine that provides an affirmative defense to trademark infringement as enunciated by the United States Ninth Circuit, by which a person may use the trademark of another as a reference to describe the other product, or to compare it to their own. Nominative use may be considered to be either […]

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