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2 Oct, 2007 7:45 pm
... has to give himself injections 3 times a day. He was living in Albany for 4 1/2 years with no problems when his building was sold and everyone was evicted last May. He' ...
month the police told him he had to leave by next week. His new parole officer is no help. This man has given the police over 30 different
addresses to check and ... telephone he needs for his medical conditions. We tried to work it out with the DA's Office but I was told today that no exceptions would be made. So
we are going to sue. ...
2 Feb 11:20 pm
... denied, since such deletion of goods upon which the mark has not been used "does not remedy an alleged fraud upon the Office." [TTABlogged here]. L.C. Licensing, Inc.
v. Berman, 86 USPQ2d 1883 (TTAB ... so it affirmed the PTO's refusal, finding the mark to be primarily geographically deceptively misdescriptive. [TTABlogged here]. [Part 2 of
this two-part posting will appear tomorrow.] "The Top Ten TTAB Decisions of 20**" is a Registered Trademark of John L. Welch. Text Copyright
John L. Welch 2008-9 ...
29 Nov, 2007 2:21 am
... requested information had been gathered and would be preserved; --the RIAA lawyers falsely implied that the Attorney General's office had failed to "meet and confer" with
them prior to making the motion to quash, even though the AG' ... interrogatories on Plaintiffs and conduct telephonic depositions of the individuals who investigated the seventeen
John Does named in this lawsuit to determine 1) what their investigative practices are and 2) whether they have any additional
information with which to ...
4 Jan, 2008 3:24 pm
... have read] the complaint, [and the blogosphere has been] hopping on news that Jose Padilla and his mother have sued John Yoo ( Orin Kerr
and many others at Volokh and Duncan Hollis at Opinio Juris). The graveman is deprivation of constitutional rights [acting under color of law as a federal officer. The complaint touches very lightly on the precise legal theory. A commentor (wfjag) at Volokh suggests that the complaint may be an attempt to
sidestep ...
31 Jan, 2007 11:58 pm
... names. (e.g., MISS NUDE KENTUCKY), arguing that the PTO's position was clearly inconsistent with prior and present practice of the Office. The Board observed that third-party
registrations, while not establishing binding precedent, "may in general be given some weight ... portion of applicant's mark" and questionably concluded that the involved marks "are
similar in commercial impression." (TTABlogged here). [Part 2 of this two-part posting will appear tomorrow.] Text Copyright John L.
Welch 2007.
1 Feb, 2007 8:48 pm
... market.'" Applicant argued that the mark is suggestive and not merely descriptive because it does not immediately convey any particular idea about or reveal any
characteristic of the goods, ... list. Freiberg's caustic arguments failed to overturn the Board's Section 2(e)(1) and indefiniteness refusals of her mark ALLERGY WIPES for
"eyelid ... raised a few eyelids, but she managed to prove only that sarcasm is an ineffective tool in a TTAB appeal. (TTABlogged here). Text Copyright John L. Welch 2007. ...
8 Feb, 2006 11:35 pm
... 18, 2002. Teledyne was "conspicuously silent" regarding its reasons for the 44-month delay. Instead it took "the tack that laches does not apply due to the inevitability of
confusion." The Board found that Teledyne's inaction constituted "unreasonable delay," and the question ... for cancellation, Respondent failed to prove that material prejudice that
would support a laches defense]. TTABlog Update: The CAFC affirmed this decision on December 6, 2006 (blogged here). Copyright John L. Welch
2006.
17 Nov, 2007 3:59 am
... Bredesen Eastern District of Tennessee at Knoxville GRIFFIN, Circuit Judge. Plaintiff-appellant John Doe pleaded guilty in the Criminal Court of Knox County, Tennessee, to attempted aggravated ... probation. TENN. CODE ANN. § 40-39-303. In August 2005,
Doe's probation officer notified him that he would be required to wear a global positioning ... had
abandoned his other claims. The district court dismissed the complaint, and Doe timely appealed. For the reasons that follow, we affirm. In
doing so, we hold ...
3 Dec, 2008 1:34 pm
... Adjudication and Review ("ODARs") in the U.S. and its territories, the Tampa hearing office ranked in the bottom fifth at 120th with a 593 day waiting time for the average
disability ... does not include the time that the system eats up during their Initial applications for disability benefits and their first appeal, called Reconsideration. These
2 ... Social Security Disability benefits to get a decision from a Judge. Copyright (c) 2008 by John V. Tucker and Tucker & Ludin,
P.A. All rights reserved ...
13 Aug 11:07 pm
... the Register and owned by different owners (which marks arguably should not have been registered over each other) "does not relieve the Board of its duty to determine the
registrability of the applicant's mark on the record before it, nor does it justify the addition ... when she denied Applicant's request for reconsideration. According to the
Board, Applicant could have suspended its appeal and ask for remand to the Office if it wanted to challenge that evidence. Text Copyright John L. Welch 2009.
12 May 3:35 am
... in your background in order to be charged with a felony DUI. If that was true, this Chicago Police Officer would not have been charged with
Aggravated DUI, a felony in Illinois: May 12, ... the Cook County Criminal Courthouse where Cook County Assistant State's Atty. John Dillon
announced his indictment on two counts each of reckless homicide and aggravated ... No, you don't have to have a big tragedy like the Chicago Police Officer where people died. Nor do you have to have a BAC(Blood/Breath Alcohol ...
21 Mar, 2007 10:00 pm
... "telephone communication services; namely, connecting telephone conference calls for others." The Board noted, however, that it is "not bound by the Office's previous
decision to allow this mark to be registered." Nor was the prior registration sufficient to rebut the "clear evidence ... by the Trademark Examining Attorney [Toni Y. Hickey] in this
case that the mark is primarily geographically descriptive." The Board therefore affirmed the Section 2(e)(2) refusal. Text Copyright John L. Welch 2007.
14 Apr 2:03 am
... who's life is technically over"- Chicago Police Superintendent Jody Weis discussing the 2 deaths involving a Chicago Police Officer
Accussed of DUI Well there you have it, words from the Chicago Police ... 're authorized to use deadly force. And when you have that authority and that responsibility, it does
hold you to a higher standard than John Q. Citizen who you might live beside," Weis said. "So is it fair? Perhaps not. But that's part of the
oath when you become police officer. You are not the ...
2 Jun 4:13 am
... . June 2, NOW in Chicago, IL Judge John Fleming acquitted Anthony Abbate of two counts of official misconduct, saying that bartender
Karolina Obrycka testified Abbate never announced that he was a police officer. "There's been no indication from any ... that he in any way
abused his office under the statute,'' said Fleming. "A violation of a police department rule or regulation does not itself make it felony misconduct.'' Abbate's lawyer
Peter Hickey argued that the bartender never knew he was an ...
14 Sep 10:09 pm
... [That's pretty darn close - ed.] It found that they are not. [M]erely because two products are attached or used together does not necessarily mean they are closely related.
Consumers do not purchase an automobile without tires, and then later go looking for ... with the concurrence. How does an Examining Attorney or a USPTO law office have
the authority to decide that he, she, or it will side with an applicant to try to get the TTAB to overturn a Board precedent? Text Copyright John L. Welch 2009.
21 Sep 1:04 am
... country. The Social Security Administration has posted statistics about the number of cases filed with the Office of Disability Adjudication and Review (often called the
'ODAR'). You can view ... wait for years to get disability benefits they deserve. Copyright (c) 2009 by John V. Tucker and Tucker & Ludin,
P.A. All rights reserved ... Long Term Disability claim, ERISA Disability benefit claim, or Veterans Disability compensation or pension claim, call Disability Attorney John Tucker at (866) 282-5260 ...
11 Feb, 2007 5:48 pm
... soda water would include grocery stores and convenience stores, "but not a dentist's office." Moreover, even if Applicant's goods were to be sold next to other dental
products ... ) [the fact that two products are sold in the same large store does not mean they are related for Section 2(d) purposes.] Dean C. Vafiadis, D.D.S. ...
sufficient to distinguish applicant's mark from registrant's mark." The Board therefore extracted the refusal to register from the PTO's jaw. Text Copyright John L. Welch 2007.
4 Sep 3:44 am
... my testimony is incriminating, which we'll get to). I can't take the 5th Amendment to bar law enforcement officers from taking my blood (when extracting the blood is
authorized by a grand jury subpoena or other court order) because the Supreme Court ... analogous to a witness' testifying in court. Finally, "incrimination" means that my testimony
directly ("I murdered John Doe") or indirectly ("I was at John Doe's home the day he was murdered") implicates me in the commission of a crime. To take the ...
12 Jul 3:09 pm
... a)(1)(i)]. For purposes of my blogs, I refer to this as the "first group" of drawers. And, at the request of a police officer and at the
direction and supervision of a physician, a medical laboratory technician or medical technologist as classified by civil ... as the "second group" of drawers. When the blood draw is
done by someone in the second group of drawers, what exactly does at the "direction and supervision of a physician" mean? Recall, those in the second group of drawers may only
draw at ...
11 Jul, 2008 6:04 pm
... personal injury and fraud cases get settled is by "mediation" - which is where all the lawyers and parties gather in the mediator's office in separate rooms and the mediator
goes back and forth between the parties to bring resolution to the case. ... different formats but here is a basic outline of the process: 1. It is voluntary on whether you settle your
case. 2. The mediator is normally an experienced trial attorney who has the respect of all the parties to the lawsuit. 3. Everyone starts off in ...
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