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11 Feb 2017, 7:09 am by Rebecca Tushnet
Mark McKenna & Jessica Silbey, Investigating Design: An Empirical Study of Industrial Design and IP ProtectionInterviews & institutional analysis. [read post]
10 Feb 2017, 9:39 am by Rebecca Tushnet
  The goods are dolls, not Cinderellas. [read post]
6 Feb 2017, 9:41 am by Dennis Crouch
Basic principles of good advocacy urge us to argue our cases on the courts’ choice of turf. [read post]
3 Feb 2017, 1:37 pm
Christopher admitted, however, that `I was a little uncertain because, you know, a story could be too—you know, too good to be true at times. [read post]
2 Feb 2017, 1:00 pm by Carrie Cordero
Replenishing the board membership of the PCLOB is an opportunity for the Trump Administration to mark an easy win. [read post]
1 Feb 2017, 4:51 am
In other words, if you are registering signs that are used like collective marks as individual marks, you risk losing your mark for lack of use after the five year non-use period. [read post]
31 Jan 2017, 11:37 am by Daniel Shaviro
Yesterday at the colloquium, Mark Gergen presented his paper, “How to Tax Global Capital. [read post]
31 Jan 2017, 6:00 am by Steve Baird
Yet, I’m thinking TMEP 904.03(c) contemplates the issue and fully supports using the above photo as an appropriate specimen to demonstrate use in commerce of the NASCAR mark for gasoline, by showing the mark directly on the containers or packaging for the goods: “gasoline pumps are normal containers or ‘packaging’ for gasoline. [read post]
27 Jan 2017, 12:04 pm by Rebecca Tushnet
Those are good source identifiers.Rebecca Tushnet, Georgetown UniversityNo, those are very good expressive messages about the person wearing the T-shirt, not good source identifiers—PTO denies rights to I heart DC, etc. on a regular basis b/c it’s good information not good source identification. [read post]
26 Jan 2017, 1:30 am by Jani Ihalainen
Simba Toys challenged the mark in 2006, and ultimately alleged an infringement of Article 7(1)(a) to (c) and (e) of the old Community Trade Mark Regulation (No 40/94), which set out the absolute grounds of refusal for trademark applications. [read post]
25 Jan 2017, 1:53 pm by David Post
 As I indicated in my earlier posting, I think the court got it all wrong on Axanar’s “fair use” defense, and that Axanar had good grounds for an appeal. [read post]
24 Jan 2017, 3:34 am
The Board pointed to TMEP Section 1301.04(h)(iv)C), which cautioned examining attorneys to carefully examine webpages from social-networking websites to make sure that the mark in question is being used with the recited services. [read post]
23 Jan 2017, 3:14 am
KG c/o FUNDUS FONDS-Verwaltungen GmbH;, 120 USPQ2d 1717 (TTAB 2016) [precedential]. [read post]
19 Jan 2017, 8:09 am by Rebecca Tushnet
There wouldn’t be confusion about the source of the tangible good sold in the marketplace, because “[c]onsumers are not aware of the new, media-shifted digital files about which Plaintiff asserts confusion. [read post]