Those two district courts ruled that the defendant's conduct was not actionable under §§ 32 & 43(a) of the Lanham Act, 15 U.S.C. § § 1114 & 1125(a), even assuming that conduct caused likelihood of trademark confusion, because the defendant had not made a "use in commerce" of the plaintiff's mark, within the definition of that phrase set forth in § 45 of the Lanham Act, 15 U.S.C. § 1127.
Suppose we agreed that the goal of the Eighth Amendment's authors was to ban cruel and unusual punishments, and that they, along with virtually every other American of the day, believed that hanging did not fall within the extension of that phrase.
Dr. Siegel: You want to expand your "circle of identity" so that within the phrase "like me" you include a lot of diversity.
Many trademarks contain words within the phrase that could not be trademarked alone.
It may be that one movement flows easily and naturally into another within the phrase and that there are no awkward transitions or that there is some clearly visible pattern to the movement (such as the basic three-step phrase in the waltz).
If we say the objective is "raising standards", that holds within the phrase a sense of "raising standards for all".
I think what interests us the most is this contradiction that exists within the phrase.
For example, rather than displaying the observable and qualifier 'resistance to chemicals: decreased' on the Locus Summary, the name of the chemical is substituted within the phrase so that it is shown as, for instance, 'resistance to cycloheximide: decreased'.
It means, literally, "grandmother story," so I use that phrase within the supposedly translated text.
Is it meaningful that the name of one of the world's most violently conflicted locales should be buried within a phrase that describes that place's possibly insuperable political tensions?
Every word was audible, and every important word seemed to spring out spontaneously with a weight and shading appropriate to its meaning, within a phrase that would run forward with perfect naturalness and not be over until it was over.
