Search for: "In the Interest of TM"
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28 May 2024, 8:29 am
This case was decided on statutory grounds – with a holding that minority owners in a company are not authorized to bring a TM cancellation to protect a mark held by the company. [read post]
19 Apr 2024, 2:42 pm
The Panel observed that “[p]ermitting a district court to adjudicate trademark applications when an action already involves a registered mark advances the interest of resolving all registration disputes in a single action. [read post]
10 Apr 2024, 4:20 am
Permitting the district court to adjudicate trademark applications when a registration is involved "advances the interest in resolving all registration disputes in a single action. [read post]
26 Mar 2024, 8:08 am
One of Tesco's more interesting arguments was that the contribution of the author(s) to the Mark with Text (i.e. from its previous iteration) was analogous to adding a blue background to Caravaggio's Medusa: The Court found that the author in this case had not only chosen to surround the earlier work within a blue square, but had also made other choices including the shade of blue and the precise positioning of the inner design. [read post]
18 Mar 2024, 6:55 am
Indeed, unlike FCRA, which does not dictate the manner by which a company may use criminal conviction information, a number of state and local laws require companies to balance the worker’s rights with the interests of customer safety and the protection of property including sensitive financial and health information. [read post]
14 Mar 2024, 6:56 am
It becomes a conversation piece and a collector’s item, appealing to individuals who are interested in art and cultural commentary. [read post]
26 Feb 2024, 12:28 am
On a museum’s website, viewing an image of a Warhol painting, visitors will read a copyright line under the reproduction, “© 2024 Andy Warhol Foundation / ARS, NY / TM Licensed by Campbell’s Soup Co. [read post]
24 Feb 2024, 1:10 pm
Introduction: Jeanne Fromer Private actors pursue their own interests. [read post]
23 Feb 2024, 4:59 pm
We might see a separation of TM function of TMs and the brand loyalty function of handbags. [read post]
23 Feb 2024, 1:43 pm
No one in the TM bar has an interest in cleaning up things like that, but it means nonexperts don’t get much guidance. [read post]
23 Feb 2024, 11:06 am
Urban II is a civil litigator who was recently named a Best Lawyer TM for commercial litigation in Virginia, with a specialization in First Amendment and privacy matters. [read post]
16 Feb 2024, 12:13 pm
Static Controls in 2012, a Lanham Act false advertising case, the Court gave us two more principles for interpreting section 43: a statutory cause of action extends only to plaintiffs whose interests “fall within the zone of interests protected by the law invoked. [read post]
3 Feb 2024, 2:59 pm
Challenges: interest divergence: ecommerce platforms may not want to alienate merchants; institutional costs. [read post]
3 Feb 2024, 1:37 pm
Property v. property: TM v. domain names; land v. chattels; IP v. consumer goods. [read post]
3 Feb 2024, 10:59 am
Only prescriptive claim: TM should endogenize the public interest. [read post]
3 Feb 2024, 7:50 am
Here, facilitated by TM law. [read post]
2 Feb 2024, 2:56 pm
A: yes, super interesting! [read post]
28 Jan 2024, 10:01 am
But Heisel warns that this is called into question due to a conflict of interest. [read post]
18 Jan 2024, 8:35 am
The court got there by collapsing the distinction between (1) businesses discriminating against buyers based on their identity, and (2) advertisers allocating scarce advertising dollars to highlight their offerings to the most interested consumers. [read post]
5 Jan 2024, 12:50 pm
Jan. 2, 2024) Some interesting comments on when individual instances of “confusion” don’t count, as well as their relevance to evaluating out-of-court social media etc. statements as evidence of confusion. [read post]
