Search for: "Mark S Rogers" Results 1 - 20 of 2,152
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15 Jan 2021, 10:23 am by Rebecca Tushnet
As a threshold matter under the Rogers test, a plaintiff cannot state a viable trademark claim in the context of an artistic work (1) unless the defendant’s use of the mark ‘‘has no artistic relevance to the underlying work whatsoever,’’ or (2) ‘‘if it has some artistic relevance, unless the [use of the mark] explicitly misleads as to the source or the content of the work. [read post]
9 Dec 2019, 11:08 am by Rebecca Tushnet
Breus’s third book, The Power of When; IOW claimed rights in that phrase.Under Rogers, courts “apply the [Lanham] Act to an expressive work only if the defendant’s use of the mark (1) is not artistically relevant to the work or (2) explicitly misleads consumers as to the source or the content of the work. [read post]
1 Nov 2016, 2:23 pm by Daily Record Staff
Also, Mark Westervelt, the school’s assistant head of school and director of alumni relations, was honored as the first recipient of the Roger E. [read post]
14 Apr 2008, 4:45 pm
The court then found a likelihood of confusion between Rogerss mark and Wright and Martin’s use of the same using the 8-factor Polaroid test. [read post]
2 Sep 2021, 10:15 am by Rebecca Tushnet
Under Rogers, “[the] focus [is] on the nature of the junior user’s behavior rather than on the impact of the use. [read post]
23 May 2013, 8:50 am by Rebecca Tushnet
  Rebellion argued that Rogers didn’t apply because Stardock was a competitor labeling its commercial good with a confusingly similar mark; Stardock even filed a trademark application for the mark. [read post]
1 Feb 2024, 10:01 am by Scott Hervey
On appeal,  the Supreme Court said that the issue was not whether a dog toy is an expressive work but rather the nature of the use of Jack Daniel’s marks. [read post]
27 Jun 2008, 11:19 am
Looks like pricing for Rogers 3G iPhone will delay Canada's adoption. [read post]
30 Oct 2008, 9:21 pm
Rogers demonstrates in the video resembles a switchboard with dozens of metal levers that are each marked with a candidate's name or ballot issue choices. [read post]
9 Jul 2019, 12:57 pm by Rebecca Tushnet
  Worries over confusion are limited “when the mark is used as only one component of a junior user’s larger expressive creation, such that the use of the mark at most ‘implicitly suggest[s]’ that the product is associated with the marks owner. [read post]
17 Jun 2009, 4:26 am
Rogers infrequently on varied cases regarding the military discipline scheme under America's modern day War Articles (more commonly known as the Uniform Code of Military Justice - UCMJ).Then there's also the two buffoons at the San Diego North County Times, Mark Walker and Teri Figueroa.Crawley and Rogers didn't listen. [read post]
16 Jul 2008, 7:00 am
The Board dismissed a Section 2(d) opposition to registration of the mark ONE FAB FIT for women's foundation garments, undergarments, and intimate apparel, finding the mark not likely to cause confusion with the mark ONE TRUE FIT, registered for outwear, including coats shorts, skirts, jeans, and pants. [read post]
6 Jan 2012, 6:29 am by Lawrence Solum
CONFERENCE ANNOUNCEMENT Roger Williams University School of Law Presents: “Whose Constitution? [read post]
25 Oct 2013, 10:07 am by Milord A. Keshishian
Plaintiffs seek a preliminary and permanent injunction preventing Callaway’s use of Roger Cleveland’s name on the clubs, in addition to unspecified monetary damages, attorneys’ fees, and costs. [read post]
20 Feb 2012, 8:43 am
After a long-term illness, Mark Rogers passed away in July of last year. [read post]
17 Apr 2020, 1:29 pm by Rebecca Tushnet
”The nominative fair use defense failed because VIP didn’t use the mark itself, but rather a changed version with “significant differences. [read post]