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4 Oct 2021, 10:58 am by Rebecca Tushnet
It can also limit attempts to impose liability on defendants who aren’t using a symbol as a mark. [read post]
30 Oct 2017, 5:17 pm by Steve Vladeck
Instead, in a session marked by what, in retrospect, appear to be distractions from the matter at hand, a majority of the justices seemed inclined to side with the petitioner, Carlos Manuel Ayestas, a Texas death-row inmate — and to reverse the conclusion of the U.S. [read post]
26 Jul 2018, 12:11 am
"Nike's main defence was that the Nike marks are so well known that the average consumer would see them and only think of Nike. [read post]
25 Jul 2011, 3:13 pm
So now, having done with the driving, the delving and the deletions, he turns his attention at last to the main matter of the day -- the Monday Miscellany. [read post]
23 Apr 2018, 4:00 am by Akhil Amar
April 23 marks the birthday of James Buchanan, the man regarded by many historians as one of the worst—if not the worst—presidents of all time. [read post]
16 Oct 2020, 10:25 am by Rebecca Tushnet
Disclaimers may push consumers in precisely the wrong direction—it doesn’t give much relief to mark owners. [read post]
10 Feb 2019, 4:00 pm
It’s harder to stand your ground and say things like “proof matters” and “off color humor isn’t a crime. [read post]
8 Nov 2011, 9:28 am by Eric
By Guest Blogger Mark Bender, with some comments by Eric Australian Competition and Consumer Commission v Trading Post Australia Pty Ltd [2011] FCA 1086 (September 22, 2011, corrected October 10, 2011) [Eric’s introduction: Mark Bender is a business law lecturer at Monash University in Australia and an expert in Australian online trademark law. [read post]
2 May 2014, 7:58 am by Bill
It's a good idea to do that if you can-- it shows the prosecutor that your client is serious, and prevents them from treating the matter as routine. [read post]
22 Jun 2009, 8:42 am
Mark Miller of the Catholic churches of south Odessa. [read post]
27 Apr 2018, 11:56 am by Lisa Ouellette
As a formal legal matter, the obviousness inquiry is currently based on a cognitive approach, focused on the degree of cognitive difficulty in conceiving the invention. [read post]
7 Dec 2009, 6:18 pm by BH
And it turns out that this wasn’t the first story rebutting the 400% increase figure, but now with the Secret Service Director saying this in congressional testimony, that should put the matter to rest. [read post]
10 Jun 2016, 9:16 am by Rebecca Tushnet
McKenna: there’s no good standard even for word marks. [read post]
1 Aug 2017, 7:42 am by David Post
Can Sweatshirts.com sell me an OSU sweatshirt that has OSU-OK markings — “Go Cowboys! [read post]
24 Oct 2013, 9:18 am by Tiffany Blofield
Lee filed an application to use the mark for “Clothing for men, women and children, namely T-shirts, hats, jackets. [read post]
11 Apr 2023, 6:00 am by Public Employment Law Press
Officers & Police Benevolent Assn., Inc.], 100 AD3d 1066, 1068 [3d Dept 2012] [internal quotation marks and citations omitted]; see Matter of New York State Governor's Off. of Empl. [read post]