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29 Mar 2017, 1:05 am
  As a result, the value (in terms of other kinds of goods) of gold and silver could vary significantly across the planet, as well as the exchange rate between the two precious metals. [read post]
24 Mar 2017, 10:05 am by Rebecca Tushnet
  Functionality; more issues on boundaries b/c of Star Athletica and rise of digital goods. [read post]
23 Mar 2017, 3:02 pm by Rebecca Tushnet
  Trademark claiming: 2D in terms of having a mark and a class of goods/services. [read post]
23 Mar 2017, 10:31 am by Rebecca Tushnet
Way courts evaluate use and distinctiveness in priority is hermetically sealed from other contexts precisely b/c they know someone is going to get the mark; it’s just a question of who. [read post]
22 Mar 2017, 1:20 pm
Malaysia); (b) there was a loss in the sales of the claimant’s goods; (c) the claimant was restricted from expanding the use of its mark to goods in other classes; or (d) the claimant was exposed to the risk of incurring legal liability from traders and consumers who had purchased the inferior goods of the defendant in the mistaken belief that they had acquired the claimant’s goods. [read post]
22 Mar 2017, 8:14 am by tillmanbraniff
Texans convicted of these crimes cannot get early release for good behavior. [read post]
22 Mar 2017, 4:35 am
 Even if the Supreme Court did not refer to decisions other than Italian ones, the ruling also appear consistent with relevant trade mark case law, including the seminal decision of the Court of Justice of the European Union (CJEU) in Adidas-Salomon, C-408/01. [read post]
22 Mar 2017, 3:50 am
Calphalon maintained that the mark does not immediately convey a readily understood meaning to consumers as to the nature of the goods. [read post]
20 Mar 2017, 6:00 am by Steve Baird
Garan, Inc., 224 USPQ 1064 (TTAB 1984) (holding applicant’s marks featuring a design of a mountain lion, for clothing items, and opposer’s marks, a puma design and PUMA (with and without puma design), for items of clothing and sporting goods, likely to cause confusion); In re Duofold Inc., 184 USPQ 638 (TTAB 1974) (holding mark consisting of a design of an eagle lined for the color gold, for sports apparel, and mark consisting of GOLDEN EAGLE… [read post]
17 Mar 2017, 10:12 am by Jordan Brunner
When the judge points out that even acting in good faith, the defense team is unlikely to categorize anything as irrelevant, Lebowitz responds that what he really values is the due diligence, because it will force the defense to account for the information. [read post]
15 Mar 2017, 8:44 am by Michael Lowe
  The fraud does not have to depend upon the mail service – it is enough if the mail service is used at some point by those attempted to defraud their mark. [read post]
13 Mar 2017, 5:46 am by Rebecca Tushnet
” However, FIMCO’s witnesses could testify about their own experiences with their customers throughout their careers, as well as “subsidiary factual questions, such as … the sophistication of buyers and the degree of care buyers typically exercise when making a purchasing decision of these kinds of goods or services. [read post]
13 Mar 2017, 3:12 am
| Trader keeps the [good] faith in a spare part in trademark doublebill| Book Review: The Informal Economy in Developing Nations - Hidden Edge of Innovation? [read post]
12 Mar 2017, 11:14 pm by Steve Baird
The evidence also apparently showed that the registrant “was at one time a distributor of the petitioner’s goods,” permitting “a fair presumption that the registrant was, when he adopted his mark, entirely familiar with the petitioner’s mark and goods. [read post]
10 Mar 2017, 1:06 pm
  The re-adjustments in both respects will mark the trajectory of Cuban life for the next generation (compare here, with here). [read post]
8 Mar 2017, 11:28 am by Christine Corcos
Bridget Jones (Renee Zellweger) looks for love in all the wrong places until she meets up (again) with a childhood friend, attorney Mark Darcy, who seems to be involved with colleague attorney Natasha (Embetz Davidtz).Career Woman (1936). [read post]