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11 Jun 2020, 2:47 am
Use” of a mark means the bona fide use of such mark made in the ordinary course of trade, and not made merely to reserve a right in a mark.So, ordinarily, a party wishing to prove abandonment starts by producing evidence of three consecutive years of nonuse of the mark, creating a prima facie case of abandonment. [read post]
1 Mar 2021, 4:36 am
The applicant appealed the decision to the CAFC, but then withdrew the appeal (stating that it no longer had a bona fide intenion to use the mark) and filed with the TTAB an express abandonment of its application, stating that the abandonment was "without prejudice. [read post]
11 Aug 2015, 4:00 am by The Public Employment Law Press
The federal district court, however, refused to accept the stipulation as submitted, concluding that Cheeks could not agree to a private settlement of his FLSA claims without either the approval of the district court or the supervision of the United Stated Department of Labor [DOL].The US Circuit Court of Appeals agreed with the district court's holding ruling that in the absence of such approval, parties cannot settle their FLSA claims through a private stipulated dismissal with… [read post]
8 Oct 2013, 2:40 pm by Ron Miller
In the salient ruling Lynn’s Food Stores, Inc v US Dep’t of Labor, the Eleventh Circuit rejected a private settlement of back wage claims between an employer and its employees. [read post]
20 Nov 2020, 7:45 am by Silver Law Group
However, a financial advisor or brokerage firm cannot argue that they currently lack the “bona fide ability to pay”. [read post]
6 Jan 2010, 7:41 am by Jim Pravel
 The application was filed under Section 1(b) of the Lanham Act on the basis of a bone fide intent to use the mark in commerce. [read post]
19 Apr 2024, 2:42 pm by Sofya Asatryan
BBK also sought to void several of CCA’s federal trademark applications for the RAW GARDEN mark, filed on an intent-to-use basis, due to a lack of bona fide intent to use the mark in commerce. [read post]
7 Jun 2024, 6:44 am by Silver Law Group
However, a financial advisor or brokerage firm cannot argue that they currently lack the “bona fide ability to pay”. [read post]
28 Jun 2010, 2:25 am by gmlevine
The rules promulgated by the designated registrar for “.us” TLDs (Neustar, Inc.) [read post]