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3 Aug 2023, 11:05 am
Dustin Marlan, Trademark Disclosure TM registration requires disclosures just as patent does: undertheorized. [read post]
3 Aug 2023, 5:51 am
Of course, the indictment does not cite all the evidence they have in their possession. [read post]
1 Aug 2023, 2:13 am
The Court relied primarily on the judgments in the Specsavers and Jack Wills cases, in which the relevant judges had dealt with the issue of a ‘crowded market’ impacting upon the distinctiveness of the claimant’s registered trade mark, rather than going towards ‘context’.In assessing the market, the Court noted that all of the polo-themed brands of any significance mentioned in the evidence featured some kind of horse and rider logo in their branding, all of… [read post]
30 Jul 2023, 11:24 am
More uniquely, Section 241 does not require the commission of an overt act to establish criminal liability. [read post]
27 Jul 2023, 9:04 pm
“Poisoned” does not try to cover every issue from all angles, which would overload the viewer. [read post]
20 Jul 2023, 3:58 am
” 2. [read post]
17 Jul 2023, 11:40 pm
The IPKat is pleased to host the following guest post by Katfriend Alessandro Cerri regarding the US Supreme Court’s decision in the Jack Daniel’s v VIP IP dispute. [read post]
14 Jul 2023, 4:00 am
National/Federal Trump Aide Walt Nauta Pleads Not Guilty in Classified Documents Case MSN – Shayna Jacobs and Devlin Barrett (Washington Post) | Published: 7/6/2023 Donald Trump’s personal aide, Walt Nauta, pleaded not guilty to charges he schemed with the former president to hide classified documents from authorities at Mar-a-Lago, moving boxes containing top-secret government materials for Trump. [read post]
13 Jul 2023, 12:06 pm
This Nation’s constitutional history does not tolerate that choice. [read post]
13 Jul 2023, 4:31 am
This model prosecution memorandum (or “pros memo”) assesses federal charges Special Counsel Jack Smith may bring against former President Donald Trump for alleged criminal interference in the 2020 election. [read post]
12 Jul 2023, 2:07 pm
Jack B. [read post]
11 Jul 2023, 5:53 am
The Court held that (1) the Rogers test does not apply when the defendant uses the challenged matter as a mark, and (2) the Ninth Circuit’s interpretation of the noncommercial exemption to dilution claims was overbroad. [read post]
8 Jul 2023, 11:41 pm
But number 1 when it comes to number 2 is a new copyright infringement lawsuit filed this week over a jigsaw puzzle called “101 Pooping Puppies. [read post]
6 Jul 2023, 6:30 am
Is this not the way the American Creed does its work? [read post]
30 Jun 2023, 11:24 am
It does not regulate or compel speech at all. [read post]
28 Jun 2023, 4:17 am
We think it necessarily does. [read post]
26 Jun 2023, 8:34 am
Grimaldi, 875 F. 2d 99 (1989) does not apply. [read post]
22 Jun 2023, 4:13 am
Grimaldi, expanded by the Ninth Circuit, and recently restricted by the Supreme Court in Jack Daniel’s Properties v. [read post]
21 Jun 2023, 6:38 am
§ 1125(a)(1)(A) of the federal trademark law (commonly known as the Lanham Act) if this unauthorized use of that mark (1) is artistically relevant to the underlying work, and (2) does not explicitly mislead regarding the source or content of the work. [read post]
20 Jun 2023, 3:32 pm
Grimaldi for “expressive” works does not apply to allegedly infringing trademark use; and (2) humor and parody does not constitute “non-commercial use” within the meaning of the Lanham Act’s exclusion from liability for trademark dilution. [read post]
