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1 May 2020, 4:24 am
It had been identified that there were strong similarities in aural and visual elements of the signs, as well as some conceptual similarities. [read post]
5 Dec 2008, 12:00 pm
[TTABlog note: Because yours truly served as co-counsel to Opposer, along with General Counsel Emily LaPointe, this posting will hit just the high points, without editorial commentary.]The Board began by finding that, based on "significant sales, extensive advertising and continuous use of Opposer's marks for almost thirty years for dining services and over two decades on a wide range of merchandise" and on the "ongoing, favorable publicity opposer's services and… [read post]
22 Apr 2011, 2:41 am
" Nonetheless, viewing the evidence as a whole, and particularly the "extraordinarily long time" during which the mark has been used, coupled with the substantial sales figures, the Board found that the mark is famous.However, the Board noted that, for Section 2(d) purposes (and unlike for dilution purposes, where fame is an all-or-nothing proposition), "fame varies along a spectrum from very strong to very weak. [read post]
25 Jan 2018, 2:44 am
In the cited mark, "FIT" is used as an adjective and means "physically healthy and strong. [read post]
17 Jan 2013, 12:33 pm
Most cases settle out of court without a lawsuit, and Caruso is a strong believer in pre-litigation mediation and settlement conferences to get his cleints the most money possible. [read post]
11 Apr 2011, 8:03 pm
In addition, the mere fact that the mark on the bottles was false and misrepresentative was insufficient to show the Petitioner's possessed intent to deceive, the relationship between factual falsity and state of mind not being strong enough. [read post]
9 Dec 2022, 11:11 am
The strong take away from this precedential case is that there are significant disadvantages to adopting a weak mark, similar marks for related goods will be permitted to co-exist. [read post]
21 May 2014, 2:59 am
There was no evidence of third party use of similar marks to show that the cited mark is not inherently strong, or that consumers would notice small distinctions in the marks.In sum, the Board found the marks to be "quite similar in appearance, commercial impression and connotation, as well as likely to be called-for or referred-to in a similar manner. [read post]
7 Nov 2010, 12:48 pm
In his official biography, Hulbert writes: "He makes victims a priority and is dedicated to providing victims a strong voice in the justice system. [read post]
23 Jan 2015, 3:57 am
Until the 1970s, the general approach taken was that trade marks constituted a potential anti-competitive risk, because a strong mark by virtue of extensive advertising could enjoy market power where demand, price and output for the product could be manipulated. [read post]
31 Dec 2012, 7:34 am
It did so with a strong emphasis on the court's duty to actively manage cases in a way which was proportionate to the costs involved pursuant to Civil Procedure Rules 1.4(1), 1.4(2) and 32.1. [read post]
14 Sep 2018, 2:38 pm
Is the shared term, “Smoking Hot” strong or weak? [read post]
2 Feb 2018, 10:12 am
In their new article, The Scope of Strong Marks: Should Trademark Law Protect the Strong More than the Weak? [read post]
2 Feb 2018, 10:12 am
In their new article, The Scope of Strong Marks: Should Trademark Law Protect the Strong More than the Weak? [read post]
24 Jan 2012, 6:09 pm
In The Fractioning of Patent Law, Professor Mark A. [read post]
24 Jan 2012, 6:09 pm
In The Fractioning of Patent Law, Professor Mark A. [read post]
14 Apr 2008, 4:45 pm
Specifically, the court found: (1) the CHIC mark was “at least moderately strong” in that it had created a tendency in the minds of consumers to associate it with Rogers’s band; (2) the defendants’ uses of the Chic mark (as noted above) were “sufficiently similar” to cause confusion; (3) the parties competed directly in the same market; (4) an analysis under “bridging-the-gap” was not required… [read post]
28 Nov 2009, 7:36 pm
Senator Mark Furner, who is also a White Ribbon Day ambassador, last Tuesday praised White Ribbon Day:Tomorrow marks the anniversary of White RibbonDay. [read post]
20 Feb 2019, 7:28 am
” And at “SCOTUSblog,” Mark Walsh has a post titled “A ‘view’ from the courtroom: Back to the bench for Justice Ginsburg. [read post]
15 Apr 2010, 8:22 pm
I start counting down to the finish as soon as I'm past the halfway mark. [read post]
