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27 Nov 2023, 1:29 am by Eleonora Rosati
It found that articles 14(1)(C) and 14(2) do not expand the rights of the proprietor, but rather limit them. [read post]
20 Nov 2023, 7:31 am by Marcel Pemsel
The goods and services were considered either identical or similar to at least an average degree. [read post]
20 Nov 2023, 6:56 am by Eugene Volokh
Among other things, the court also concluded that Baskin's vlog wasn't protected by the Florida defamation retraction statute (§§ 770.01-.02), which provides: Before any civil action is brought for publication or broadcast, in a newspaper, periodical, or other medium, of a libel or slander, the plaintiff shall, at least 5 days before instituting such action, serve notice in writing on the defendant, specifying the article or broadcast and the statements therein which he or she… [read post]
20 Nov 2023, 3:55 am
The evidence and arguments provided by the registrant demonstrates valid use of the relevant goods [use of the mark, not use of the goods? [read post]
17 Nov 2023, 1:26 pm by Dennis Crouch
   The court also refused to call into question the USPTO’s “informational matter doctrine” — explaining that “[c]ontrary to GO’s position, nothing in the Lanham Act prohibits registration of a mark containing informational matter, so long as the mark also functions to identify a single commercial source. [read post]
16 Nov 2023, 10:06 am by Yosi Yahoudai
Obey traffic signals, signs, and lane markings, and ride in the same direction as traffic. [read post]
16 Nov 2023, 5:01 am by Eugene Volokh
The court also concluded that subsection (2)(a)(7) was unconstitutionally viewpoint-based: [C]lause (c) of subsection (2)(a)(7) targets fundamental speech activities. [read post]
8 Nov 2023, 1:26 pm by Rebecca Tushnet
  And what current courts call “likely confusion” would be unrecognizable to Founding-era courts—or post-Reconstruction courts—both of which protected trademark owners in far more limited circumstances: only in cases of “passing off,” where the defendant’s goods would substitute for purchases of the plaintiff’s goods. [read post]
There is a lot to unpack in the 2023-2025 Action Plan, marked by an overall concern with improving the efficiency and quality of the Brazilian IP system. [read post]
3 Nov 2023, 12:44 pm by Rebecca Tushnet
Consider, for example, whether Congress could enact a law denying TM registration to entities in the business of producing pornography, or denying registration to marks that refer to pornography. [read post]
3 Nov 2023, 4:06 am
Instagoods refused to consent to the request, but the Board found that Instagram established "good cause" under Rule 2.120(c)(1). [read post]
1 Nov 2023, 9:00 pm by Cari Rincker
Tax deadlines vary depending on whether an LLC is filing as a sole proprietorship, partnership, S corporation, or C corporation. [read post]
29 Oct 2023, 9:05 pm by News Desk
Peter Marks, director of the FDA’s Center for Biologics Evaluation and Research, said in a statement. [read post]
27 Oct 2023, 7:20 am by Alessandro Cerri
 Article 7(1)(b) EUTMRThe Board began by noting that 'distinctive character', for the purposes of Article 7(1)(b) EUTMR means that the mark applied for must 'serve to identify the goods or services for which registration is applied for as originating from a particular undertaking, and thus to distinguish those goods from those of other undertakings' (Vorsprung durch Technik, C-398/08 and others).The 'distinctive character' of a… [read post]
27 Oct 2023, 4:04 am by Seán Binder
“We are cooperating with China to find the role of the Chinese ship…they have promised to do good collaboration,” Orpo claimed. [read post]
26 Oct 2023, 3:58 am by Fred Rocafort
They register these marks to extort money from legitimate brand owners. [read post]