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" ... A recent decision out of the Northern District of Georgia illustrates the inherent tension that arises when the protections afforded by anti-SLAPP motions are invoked by defendants in federal diversity actions. Every first-year law student knows that the Erie doctrine requires that federal courts must apply state law to substantive legal questions in diversity cases. But on procedural questions, whenever state law directly conflicts with one of the Federal Rules of Civil Procedure, the federal rule applies so long as it complies with the Rules Enabling Act—i.e., if it really regulates procedure and does not abridge a substantive right. So is the heightened pleading threshold imposed on complaints by anti-SLAPP laws procedural or substantive? ... "
" ... The Trademark Office will still decide whether there are other similar marks out there which would cause confusion among the public, or whether any word or phrase or symbol is used in a so-called “descriptive sense” so that the term would not rise to the level of use that the law would afford trademark protection. The Trademark Office is not being ordered to register any term which has bad words or bad connotations. It is being told that if your company is trying to register some word, the Trademark Office cannot abridge your free speech rights by making certain judgments about the words you choose. They may only apply trademark registration standards which exclude considerations of scandal and morals about what constitutes an acceptable trademark. ... "