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17 Mar 2020, 6:26 am
Posted by Roger Cooper, Jared Gerber and Mark McDonald, Cleary Gottlieb Steen & Hamilton LLP, on Tuesday, March 17, 2020 Editor's Note: Roger Cooper, Jared Gerber, and Mark McDonald are partners at Cleary Gottlieb Steen & Hamilton LLP. [read post]
9 Dec 2020, 10:41 am by Rebecca Tushnet
Also, “[c]ourts consider the extent to which the junior user has added its own expressive content to the work beyond the mark itself. [read post]
9 Feb 2015, 9:58 am by Rebecca Tushnet
  Simple & straightforward Rogers-like test = great. [read post]
13 Apr 2018, 1:05 pm by Rebecca Tushnet
  DSC: domestic dispute, no foreign mark—treat false designation the same as infringement, but see Belmora: though not directly relevant here, UC claims don’t always require ownership of a valid mark b/c 43(a) goes beyond TM, citing Belmora/Blinded Veterans. [read post]
18 May 2015, 4:00 am by Howard Friedman
Babie, Religion and Constitutionalism: Oscillations Along a Continuum, (Journal of Religious History Vol. 39, No. 1, March 2015).Linda C. [read post]
24 Jun 2011, 4:58 am by Jon Hyman
” Today, I offer the empirical proof, courtesy of a survey conducted by Weber Shandwick and Powell Tate in partnership with KRC Research, as reported by Roger Simon at Politico.com (c/o Workplace Diva). [read post]
23 Jun 2023, 5:39 am by Neil Wilkof
The CJEU looked into the relationship between trade marks and mathematical shapes in the Gömböc case (C-237/19). [read post]
21 Aug 2020, 12:30 pm by Rebecca Tushnet
Lots of marks held not famous are relatively not frequent: Buck Rogers, Blue Man Group, Field of Screams. [read post]
19 Feb 2022, 11:14 am by Rebecca Tushnet
This line of cases does more than create a conflict with Rogers and its progeny. [read post]
21 Jun 2023, 6:38 am by Eric Goldman
§ 1125(c)(3)(C) by claiming its humorous use of the Jack Daniel’s marks was not pure commercial speech because it poked fun at the company in the Bad Spaniels design. [read post]
24 Jun 2022, 4:36 am by Rebecca Tushnet
A symbol can be arbitrary/fanciful and still ornamental b/c we don’t consider it to be a mark. [read post]
3 Feb 2023, 9:40 am by Rebecca Tushnet
Bob Brauneis: Modern GIs seem so much like certification marks that Jeanne Fromer’s criticisms of the latter seem to apply--used to fight between producers to exclude some b/c there’s no effective concept of terroir to discipline the concept. [read post]
4 Mar 2010, 1:29 pm by Maxwell Kennerly
Restatement of the Law, Second, Torts, § 652, cmt c (emphases added); see Jeffries v. [read post]