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19 Jan 2017, 8:08 am by Rebecca Tushnet
Maybe that’s good policy, maybe not, but many judges will be leery of official registrations for incredibly racist marks. [read post]
15 Jan 2017, 4:17 pm by INFORRM
The Right to a Good (Business) Reputation and Truth: Re-Examining the Declaration of Falsity, Gary K. [read post]
11 Jan 2017, 9:26 am by Tucker Chambers
No. 4992448) protects the standard character mark “JOHNNY HOCKEY” for various goods in International Class 25, including several types of clothing, footwear, and headgear. [read post]
9 Jan 2017, 7:54 am by Rebecca Tushnet
  Which is to say it wants to prevent other people from using the mark in expressive ways such as on T-shirts and mugs. [read post]
5 Jan 2017, 11:37 am by Heidi A. Nadel
The Court found that “even if these facts could be considered evidence of malice,” the trial court judge had found that the plaintiff had a good faith belief in the right of first refusal, the claim had survived summary judgment, and a jury (although ruling against them on the question of whether they had an easement) found that they had a good reason to believe the cut down tree was on their own property (nothing about the cameras or dirt pile, though). [read post]
5 Jan 2017, 11:37 am by Heidi A. Nadel
The Court found that “even if these facts could be considered evidence of malice,” the trial court judge had found that the plaintiff had a good faith belief in the right of first refusal, the claim had survived summary judgment, and a jury (although ruling against them on the question of whether they had an easement) found that they had a good reason to believe the cut down tree was on their own property (nothing about the cameras or dirt pile, though). [read post]
5 Jan 2017, 11:37 am by Heidi A. Nadel
The Court found that “even if these facts could be considered evidence of malice,” the trial court judge had found that the plaintiff had a good faith belief in the right of first refusal, the claim had survived summary judgment, and a jury (although ruling against them on the question of whether they had an easement) found that they had a good reason to believe the cut down tree was on their own property (nothing about the cameras or dirt pile, though). [read post]
4 Jan 2017, 8:21 am by Mark Ashton
The Superior Court citing a 1957 Somerset County case, Adoption of Phillips, decided that adoptions may be revoked for good cause premised upon general principles of equity. 12 D&C 2d. 387, 396-97. [read post]
24 Dec 2016, 4:04 am
 In essence it is a balance between (a) allowing a trade mark owner to maintain broad protection to a large category of goods when its use is confined to a particular sub-set of goods; and (b) removing protection for sub-sets of goods which the average consumer would consider to be substantially the same as the goods for which the mark has actually been used.After a thorough review, the specification was not amended. [read post]
22 Dec 2016, 10:39 am by Ron Coleman
The Board therefore found the marks to be famous under Section 43(c)(2)(A). [read post]
20 Dec 2016, 7:51 am by Dwayne Sam and Megan Brown
The Trademark Trial and Appeal Board, the PTO’s administrative-law tribunal for deciding registration issues, applies a two-part test to determine if a mark is barred from registration because it is “disparaging”: (1) What is the likely meaning of the matter in question, taking into account dictionary definitions, and the relationship of the matter to other elements in the mark, the nature of the goods or services, and the manner in which the… [read post]
19 Dec 2016, 6:04 am
Section 21 of the Trade Marks Act 1994 explains that a groundless threat is:(1) Where a person threatens another with proceedings for infringement of a registered trade mark other than—  (a) the application of the mark to goods or their packaging,(b) the importation of goods to which, or to the packaging of which, the mark has been applied, or(c) the supply of services under the mark, any person aggrieved may bring… [read post]
16 Dec 2016, 1:43 pm by Chuck Cosson
  The “dust cloud” metaphor is apt as a “dust cloud” a) obscures; b) interferes with intended functionality; c) appears to come from no single origin; d) can be harmful to life and property. [read post]