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25 Jan 2012, 9:21 am
Marrero acknowledged that trademarks can be given for the colors on products, chiefly when a single color is used only to identify or advertise a brand, like the pink used for Owens Corning’s insulation. [read post]
19 Dec 2011, 6:43 am
As noted in In re Owens Corning, 419 F.3d 195 (3d Cir. 2005), substantive consolidation can be justified where the movant shows that the entities disregarded their separateness so significantly that their creditors relied on the breakdown of entity borders, or that the entities caused their assets and liabilities to be so scrambled that separating them is prohibitive and hurts all creditors. [read post]
28 Nov 2017, 10:00 am
In a recent case, Jushi Group filed a revocation action against a patent owned by a subsidiary of Owens Corning alleging, among other grounds, lack of inventive step. [read post]
14 Jan 2015, 9:56 am
Macy’s, Procter & Gamble, Kahn’s, Kroger, IMG, Wendy’s, the Limited, Nationwide Insurance, Jo-Ann Stores, Goodyear, Owens Corning, among others. [read post]
14 Apr 2020, 6:29 am
Examples of protectable color marks include: red soles for women’s high-heel dress shoes (Louboutin); pink fiberglass insulation (Owens-Corning); red knobs on cooking appliances (Wolf); light blue for jewelry boxes (Tiffany); brown for parcel delivery trucks and uniforms (UPS); magenta for telecommunications services (T-Mobile); and orange for scissor handles (Fiskars). [read post]
26 Jul 2012, 11:06 am
Owens-Corning Fiberglas Corp., 971 F.2d 37 (7th Cir. 1992) (defendants’ practices of maintaining price lists for products and of announcing price increases 30 to 60 days before their effective date did not amount to an improper information exchange; discounts were widely used in the industry, making the price lists a poor candidate to coordinate pricing; publicly pre-announcing price increases served a legitimate purpose because customers, who were mostly rehandlers and… [read post]
8 Sep 2020, 9:47 am
After all, in another context, a creative fusion of branding elements led to Owens-Corning overcoming “well-settled” law against color trademarks, when O-C linked its pink-insulation advertising campaign to the beloved Pink Panther cartoon. [read post]
4 Jun 2016, 1:14 pm
” Punitive conduct, in turn, includes gross negligence, or conduct of a “gross and flagrant character, evincing reckless disregard of human life, or of the safety of persons exposed to its dangerous effects…” citing Owens-Corning Fiberglas Corp. v. [read post]
5 Jan 2011, 9:37 am
” Id. at *14 (citing Owens-Corning Fiberglas Corp. v. [read post]
4 Aug 2009, 11:15 pm
- ed.]Finally, the Board distinguished this case from the Owens-Corning pink insulation case, where the evidence included marketing expenditures of more than $42 million in connection with Pink Panther advertisements featuring the slogan "[a]dd another layer of pink," and another $11 million for displays, brochures, and other promotional items that highlighted the "pink" color as applied to the goods.And so the Board affirmed these two refusals to… [read post]
17 Apr 2024, 10:40 am
Weekly D1495, 2023 WL 4919540, at *2 (Fla. 3d DCA Aug. 2, 2023), quoting Owens-Corning Fiberglas Corp. v. [read post]
2 Feb 2017, 6:40 am
$730 million Bell Asbestos Mines $635 million Federal Mogul Corporation T&N Subfund $635 million AC$S $528 million General Motors $625 million Honeywell Heating $452 million Garlock $480 million Gold Bond $347 million National Gypsum $347 million Abex Corporation $307 million Owens Corning Fibreboard, Owens Corning Subfund $3.4 billion The Flintkote… [read post]
4 Aug 2023, 11:19 am
” Paroc’s parent company, Owens Corning, acknowledged the failed certification, stating that: “We have suspended the distribution and sales of these products and have alerted the relevant regulatory authorities. [read post]
1 Jun 2009, 10:20 am
The Owens-Corning decision was of such creativity that its approach was implemented by Congress for all asbestos-related reorganizations in subsequent amendments to the Bankruptcy Code. [read post]
20 May 2015, 2:01 pm
Owens-Corning Fiberglas Corp., No. [read post]
3 Jun 2020, 11:49 am
The Federal Multi-District Silicosis Proceedings Before Judge Janis Jack One of the most significant developments in the role of scientific and medical evidence gatekeeping under Rule 702, and the Supreme Court’s decision in Daubert,[1] was the 2005 opinion of Judge Janis Graham Jack in the multi-district silicosis litigation.[2] Judge Jack’s lengthy opinion addresses a variety of procedural issues, including subject matter jurisdiction over some of the cases, but Her Honor’s focus… [read post]
9 Apr 2020, 4:26 am
"The CAFC reasoned that, although "color is usually perceived as ornamentation," In re Owens-Corning Fiberglas Corp., 774 F.2d 1116, 1124 (Fed. [read post]
12 Jul 2016, 12:13 am
US courts have seen a plethora such cases-the first being In Re Owens-corning FiberglassCorporation, where the Court of Appeals for the Federal Circuit ruled that in limited circumstances, a color that has become associated with a specific manufacturer can qualify as a registrable mark. [read post]
1 Apr 2013, 3:19 am
In re Owens-Corning Fiberglas Corp., 774 F.2d 1116, 227 USPQ 417, 424 (Fed. [read post]
14 Jan 2019, 3:53 am
The Board noted that Qualitex (green press pad) and Owens-Corning (pink insulation) involved a single color applied to a product. [read post]
