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31 Aug 2016, 3:48 am
., Opposition No. 91190827 [Opposition to registration of TEQUILA as a certification mark for "distilled spirits, namely, spirits distilled from the blue tequilana Weber variety of agave plant," on the ground that the mark fails to serve as an exclusive indicator of geographic origin].September 13, 2016 - 10 AM: In re NTVB Media, Serial No. 86174087 [Section 2(e)(1) mere descriptiveness refusal of TV WEEKLY, in the stylized form shown below, for "Publications,… [read post]
22 Oct 2015, 2:59 pm by Lawrence B. Ebert
Harry Burt’s smooth chocolate coated ice cream treats were delicious. [read post]
30 Aug 2017, 7:04 am by Rebecca Tushnet
  The court accepted the basic theory to avoid a situation in which “a defendant could escape liability for passing off simply by using another’s mark—a false designation of origin—to establish the equivalency of the other’s mark and the defendant’s new mark, and then shift to using only its new mark. [read post]
2 Jan 2014, 8:33 am by azatty
Immigrants, most of whom did not speak English, were often petrified at the process of medical checks and chalk marks on coats. [read post]
13 Jul 2022, 6:25 am by Eleonora Rosati
” (para 55).All this considered, the GC concluded that the trade mark owner had not sought to free ride on any surviving reputation of the old NEHERA trade mark. [read post]
4 Mar 2020, 10:00 pm
Hartung The famous green sports coat given each year to the winner of the prestigious Masters golf tournament is now a registered trademark. [read post]
27 Sep 2018, 1:42 pm by Rebecca Tushnet
And a long disclaimer was required:POLYGLYCOAT R is a registered trademark of the Polyglycoat Corporation, Scarsdale, New York, for its protective coating and sealant for automotive finishes. [read post]
21 Jan 2014, 3:25 pm
The shape in issue is essentially that of the well-known Kit Kat four-finger chocolate-coated wafer bar. [read post]
Red Bull v Monster[2]demonstrated recently it is possible – however, if the later mark is not confusingly similar to the earlier mark, and the Opponent cannot prove that the Applicant intended to ride on its coat-tails, then the change in economic behaviour will depend on an actual image transfer (from RED DAWG to RED BULL, or HOUSE OF ZANA to ZARA). [read post]
Red Bull v Monster[2]demonstrated recently it is possible – however, if the later mark is not confusingly similar to the earlier mark, and the Opponent cannot prove that the Applicant intended to ride on its coat-tails, then the change in economic behaviour will depend on an actual image transfer (from RED DAWG to RED BULL, or HOUSE OF ZANA to ZARA). [read post]
29 Aug 2012, 2:25 am by John L. Welch
Some say that one may predict the outcome of a Section 2(d) likelihood of confusion case just by looking at the marks and the goods or services involved. [read post]
13 May 2013, 2:34 am by John L. Welch
Section 2(b) prohibits registration of any mark that "consists of or comprises the flag or coat of arms or other insignia of the United States, or of any State or municipality, or of any foreign nation, or any simulation thereof." [read post]
18 Jun 2019, 6:00 am
I wrote:The store clerk seems to have suspected shoplifting not because of the person's race but because he could see 2 wine bottles hidden under his coat, but he "chased the student out onto the street and tackled him," and that's what's racist (in this view). [read post]
12 May 2020, 10:26 am
Levy, US–OCTG (Korea): Legal Boundary of ‘Political’ Remedy Rodney Ludema & Mark Wu, What is Price Suppression in Abnormal Economic Times? [read post]
4 Sep 2015, 12:28 am by Ben
When we first noted this spat, we cast some doubt on the words of IOC vice-president John Coates who told a meeting of the Olympic management: "The IOC and Tokyo have checked all the copyright registers prior to this launch and that logo in Belgium isn't protected". [read post]
13 Nov 2014, 12:26 pm
"It all boils down to the voyeurism thing," said Mark Abrams, the manager of Clairmont-Nichols, a Manhattan optical store that has a dozen telescopes on tripods with a straight-shot view across the street. [read post]
15 Aug 2022, 9:56 am by Kaylee A. Sill (US)
  Source: Op. at p. 2 Source: Op. at p. 3 Both marks were ultimately refused registration by their respective trademark examiners under Section 2(b) of the Trademark Act, which prohibits registration on either the Principle or Supplemental Register of a mark that “[c]onsists of or comprises the flag or coat of arms or other insignia of the United States, or of any State or municipality, or of any foreign nation, or any simulation thereof. [read post]