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13 Mar 2008, 11:04 am
Both the House and Senate have bills waiting to be marked up that will greatly limit this authority. [read post]
25 Feb 2008, 4:52 am
By Howard Marks How certain are you that the electronic data your team retrieves in response to discovery requests is complete and unaltered? [read post]
18 Jul 2011, 6:36 am
Infringement occurs when an infringer uses a mark that is identical or confusingly similar to a mark owned by another party with identical or similar products or services covered by the registration. [read post]
5 Apr 2018, 9:00 pm
The recall covers clear packages of various cuts of smoked pork, marked with various UPC numbers and production codes listed below. [read post]
8 Mar 2014, 1:43 pm
Kennedy states that Rose's Hall-of-Fame worthiness has come under "renewed discussion" as players linked to PED use (Mark McGwire, Barry Bonds, Roger Clemens) come up for Hall consideration. [read post]
8 Nov 2018, 10:56 am
’” But estoppel at most covers only the mark that the licensee has agreed “to use,” and even then the assumption that licensing recognizes validity is “problematic because there are many reasons someone might seek to license a property the validity of which he doubts: It may, for example, be more economically efficient to agree to a license in the short term than to litigate the mark’s validity immediately. [read post]
4 Oct 2010, 5:02 am
Though section 22 of the Trade-marks Act contemplates an action may be brought for depreciation of goodwill, it also appears that the tests associated with such a claim would be difficult to make out for similar reasons. [read post]
24 Feb 2012, 9:00 pm
This subpoena marks a well defined shift from the active investigation of child sexual abuse by Sandusky, into the possible cover up of those allegations by high ranking members of the Penn State administration. [read post]
6 Oct 2008, 7:30 am
One of those buildings collapsed during a snowstorm, and PLM denied covered based on that building not being listed on the policy as a covered location. [read post]
11 Dec 2018, 4:00 am
Amy Howe covers the order list for this blog, in a post that first appeared at Howe on the Court. [read post]
9 Oct 2023, 11:06 pm
Background Audi owns EU trade mark no. 000018762 covering ‘land, air and water vehicles and parts thereof (not included in other classes), including engines for vehicles’ in class 12 protecting the following sign: The defendant is a natural person, who sold between 1986 and 2017 radiator grilles customised and designed for old Audi models from the 1980s and 1990s. [read post]
9 Feb 2016, 6:07 am
In finding that the mark consisted of the shape that gave the product substantial value, the CJEU stated that this concept was not limited to the shape of products having only artistic or ornamental value and that it also covered products with “essential functional characteristics”. [read post]
24 Mar 2017, 9:00 am
Others say as long as you cover dissimilar goods/services w/confusion cause of action you’re ok, as Australia does. [read post]
8 Oct 2011, 1:12 am
For you mainland folks, we're covering much more than Hawaii issues, and January is a real good time to come to sunny Honolulu. [read post]
24 Nov 2006, 2:41 pm
Kobylarz discusses Mark Lemley's change in position on obviousness in KSR v. [read post]
22 Sep 2010, 6:26 pm
More recently, in an article published in the Guardian and posted on this site, Gill Phillips of Guardian newspapers said “In 2009, some of these orders appear to have been obtained by men who were seeking to cover up a variety of affairs. [read post]
17 Dec 2021, 1:38 am
Consequently, the mere representation in a mark of a symbol of particular public interest is not sufficient to rely upon the protection of article 7(1)(i) EUTMR. [read post]
1 Nov 2021, 5:38 am
Ltd owns a Chinese registration for the mark below (“the AGATE Logo”), covering goods in Class 12 including tyres. [read post]
27 Oct 2020, 3:29 am
" While the marks are not identical, because Opposer’s BOTOX mark is famous, Applicant’s mark GS GEM STYLE HAIR BOTOX, in its entirety, is more similar to Opposer’s BOTOX mark than it is dissimilar in appearance, sound, connotation, and commercial impression.The Goods: Allergan submitted copies of 60 use-based, third-party registrations covering hair care preparations and pharmaceutical preparations. [read post]
11 Jul 2023, 9:12 am
Names are a classic type of trade marks. [read post]
