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4 Feb 2013, 5:01 pm
As a matter of fact, there should not be a completely “fresh case” in appeal proceedings (cf. [read post]
29 Aug 2014, 10:14 am
” See Abatie, 458 F.3d at 968; cf. [read post]
28 Feb 2023, 8:49 am
It claimed that the underside of the saddle is not visible during normal use, which would mean that it cannot be protected by design law (cf. [read post]
20 Apr 2018, 8:54 am
Cf. [read post]
25 Jul 2017, 8:29 am
The appellant submitted that "for each channel to be generated a configuration element may indicate which difference the levels of two of these channels have" (cf. statement of grounds, page 4, last two lines). [read post]
14 Apr 2013, 5:01 pm
The transfer is only admissible if it occurs at the same time as the transfer of the business or the part of the company in the interests of which the opposition was filed (cf. [read post]
25 May 2015, 11:54 am
Moreover, by removing herself from the family home for her own safety, petitioner obviated the need for a further order of protection, so her failure to seek one does not render academic her argument that the order was inadequate (cf., Matter of Alice C. v. [read post]
8 Jan 2024, 9:18 am
While deception under trade mark law is only assessed in relation to the mark and the goods and services as indicated in the application, the misleading character under unfair competition and food law allows taking into account circumstances outside the (allegedly) misleading trade mark, such as information on the label (cf. [read post]
15 Nov 2018, 11:08 am
Initially, we reiterate that, although it may ultimately be determined that defendants have libeled plaintiff, "[p]rior restraints are not permissible ... merely to enjoin the publication of libel" (Rosenberg, 290 AD2d at 239; see also Giffuni v Feingold, 299 AD2d 265, 266 [1st Dept 2002]; cf. [read post]
25 Apr 2019, 7:54 pm
Back in 2012 the Valencia CF filed a registration for a figurative mark depicting a bat (see here). [read post]
15 Aug 2018, 9:37 am
Cir. 2016) (holding a claim lackedan inventive concept because it “simply recites the use ofgeneric features . . . as well as routine functions . . . toimplement the underlying idea”); cf. [read post]
14 Sep 2013, 11:28 am
Napue v People of State of Illinois, 360 US 264; Pyle v State of Kansas, 317 US 213; cf. [read post]
24 May 2017, 10:40 am
On the other hand, the information itself, i.e. the specific moving image, e.g. a video of a horse race, cannot be patented because it is not technical (cf. para. 22, 24 of the decision).Applied to the nucleic acid molecule detection method, this meant that the only “product” of the method was a biochemical result about the presence or absence of a specific mutation indicating leukemia or not (para. 19 of the decision). [read post]
26 May 2023, 1:04 pm
Mozes, 239 F.3d 1067, 1069–70 & n.5 (9th Cir. 2001) (determining that wrongful retention occurred when the respondent asked a domestic court to grant custody of children); cf. [read post]
15 Jun 2017, 9:02 am
Cf. id. [read post]
10 Feb 2016, 12:07 pm
Cf. [read post]
26 Dec 2012, 10:16 am
Cf. [read post]
7 Jul 2016, 8:44 am
Product Source International LLC, 107 U.S.P.Q.2d 1257, 1258 n.1, 2013 WL 6040375 (T.T.A.B. 2013) (§ 15 affidavit filed after a petition to cancel was filed has no legal effect); cf. [read post]
28 Jul 2017, 6:47 am
Cf. [read post]
20 Dec 2017, 11:13 am
Cf. [read post]
