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27 Mar 2021, 1:19 pm by admin
Meeker’s remarks speak volumes about the government’s role in the “asbestos mess”: “The asbestos which we use is a mineral as much as is the rock in which it is found. [read post]
16 Mar 2021, 4:02 am
As described by Applicant, "[t]he mark consists of the stylized wording ‘INGLIS US’, ‘INGLIS’ over ‘US,’ inside a diamond outline.'" Judge Bergsman criticized the majority for "characterizing the letters US and the diamond background design as parts of an individual’s surname or pretending they do not form part of the commercial impression engendered by the mark. [read post]
6 Jan 2021, 5:05 am
[No]TTABlog Test: Is DIMOND for Bicycle Frames Confusable with DIAMOND for Bicycle Chains? [read post]
21 Dec 2020, 9:52 am by Eugene Volokh
Brunetti (2019) [which struck down the exclusion of "immoral" and "scandalous" marks from trademark registration, in a case involving the mark FUCT -EV]. [read post]
14 Dec 2020, 3:46 am
As to the Section 2(d) claim, MLS relied on use of the mark INTER by third-parties prior to Applicant's filing of its intent-to-use application (Inter Miami having been created after Applicant's filing date). [read post]
11 Dec 2020, 10:41 am by Rebecca Tushnet
Grishko’s applications for the marks GRISHKO and NICOLAY GRISHKO due to the existence of IMW’s registration. [read post]
10 Nov 2020, 8:30 am by Unknown
Those that are GS-based are marked with an asterisk.- The Directory of Open Access Journals (DOAJ) is a useful resource for locating relevant gold OA articles. [read post]
9 Nov 2020, 10:30 am by Unknown
  - Articles in journals that are published by global North-based organizations are marked by an asterisk. [read post]
As to liability, Costco raised triable issues of fact as to three likelihood of confusion factors—whether Costco’s customers were actually confused, whether Costco adopted Tiffany’s mark in bad faith, and whether the relevant population of consumers was sufficiently sophisticated to avoid confusion. [read post]
27 Aug 2020, 1:47 pm by Josh H. Escovedo
Costco argued below that its use of Tiffany was a permissible fair use because it did not constitute use as a mark, was descriptive of the diamond setting, and was in good faith. [read post]
24 Aug 2020, 5:01 am by Eugene Volokh
This principle has been followed in Ohio by Puruczky, supra, as well as Int'l Diamond Exch. [read post]
21 Aug 2020, 1:11 pm by Rebecca Tushnet
” Although “where the allegedly infringing mark is identical to the registered mark, and its use began subsequent to the plaintiff’s trade-mark registration, the defendant must carry the burden of explanation and persuasion,” it is still the case that “[p]rior knowledge of a senior user’s trade mark does not necessarily give rise to an inference of bad faith and may [read post]
7 Aug 2020, 3:00 am by Jim Sedor
Politically, it could limit Biden’s ability to cast himself as the antidote to the access peddling that has proliferated in President Trump’s administration. [read post]
29 Jul 2020, 7:34 am by Mitu Gulati
  If you are intrigued and want to go down the rabbit hole, this question of politics and antique Chinese bonds has come up before -- see Tracy Alloway's piece on Bloomberg (here), Cardiff Garcia on NPR (here) and Mark Weidemaier on creditslips (here and here). [read post]
29 Jul 2020, 4:34 am
In re MK Diamond Products, Inc., Serial No. 86813875 (July 27, 2020) [precedential] (Opinion by Judge Mark Lebow).The proposed mark comprises the curved portions of the slots or cut-outs around the circumference of the blade,which are shown in solid lines. [read post]