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14 Jun 2017, 3:04 am
This factor 'warrants reasonable weight, among the totality of circumstances' in favor of a finding of likelihood of confusion. [read post]
27 Feb 2007, 6:37 pm
Therefore, this du Pont factor "clearly favors the position of opposer herein. [read post]
24 Feb 2014, 6:08 am
These factors weighed heavily in favor of a finding of likely confusion.Because the involved goods are, in part, identical, a lesser degree of similarity between the marks is necessary to support a finding of likelihood of confusion. [read post]
16 Apr 2014, 6:30 am by Dennis Crouch
This has led to the odd situation in which a company that is vigorously engaged in the rough and tumble of commerce with its patented product, benefiting consumers, creating jobs and increasing GDP, is in a less favorable position than an entity that does nothing. [read post]
2 Apr 2019, 6:18 am
The court ruled in favor of Apple across the board.The key issue in the case was priority. [read post]
12 Mar 2019, 8:52 am by Mark S. Humphreys
Mark Humphreys law offices announce a recent settlement in two ERISA (Employee Retirement Income Security Act) cases in favor of clients. [read post]
8 Mar 2007, 6:48 pm
"This factor, too, favored Applicant Lazarus.The channels of trade are clearly different, and this third du Pont factor favored Applicant. [read post]
31 Mar 2008, 9:27 pm
As to the likelihood of confusion factors, the court found none favored Vail Associates. [read post]
21 May 2012, 12:10 pm by Brian Wright
  After a six-day bench trial, the district court found in favor of Maker’s Mark and permanently enjoined Jose Cuervo from using red dripping wax on the cap of a bottle within the United States. [read post]
12 Mar 2019, 1:02 pm by Venkat Balasubramani
Given that the tweet is not unequivocally a statement, this factor favors a finding of non-actionability. [read post]
8 Aug 2013, 9:01 pm by John Dean
If you don’t yet know his work, Mark Leibovich is the national correspondent for The New York Times Magazine. [read post]
25 Feb 2016, 3:45 am
In short, the identification of goods as stated in the registration is controlling, regardless of what actually occurs in the marketplace.The Board accordingly found that the goods and trade channels overlap, and these du Pont factors favor a finding of likely confusion.Third-party marks: Finally, applicant maintained that the clothing field is crowded with HAMMER marks, and its mark should be allowed to join the field. [read post]
21 Jun 2018, 1:11 pm by Erin McCarthy Holliday
The US Supreme Court [official website] decided [opinion, PDF] 8-1 Thursday in Pereira v. [read post]
13 Jun 2014, 7:10 am by Gerald
  Functional claiming may see increased use as it gains favor in the Federal Circuit. [read post]
1 Apr 2009, 8:20 am
I favor the PPIF  idea, on the theory that relaxing mark-to-market gives banks  an incentive to "wait it out,"  rather than  deal with the central problem of valuation and  facing up to losses. [read post]
9 Jan 2019, 5:08 am
The Board found that third-party recognition of the TIVO mark "tips the balance" in favor of our finding the mark to be famous for dilution purposes. [read post]
25 Jul 2021, 9:30 pm by ernst
Mark Tushnet might be emeritus, but he is still favoring with penetrating of readings of books of interest to legal historians. [read post]