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Commenting on the charges, newly confirmed CPSC Chair Alex Hoehn-Saric stated, “[t]his historic criminal enforcement action should serve notice that the CPSC will use its authority to the fullest to keep American families safe. [read post]
16 Oct 2020, 10:25 am by Rebecca Tushnet
Protection v. enforcement: even if protected as a TM, the scope may be limited. [read post]
30 Oct 2019, 1:05 pm by Rebecca Tushnet
One type is granting protection to matter that hasn’t earned protection—doesn’t actually function as a mark; aren’t used in a TM way. [read post]
31 Jul 2013, 7:58 pm by Afro Leo
 The South Africa approach is illustrated in Kumalo v Cycle Lab. [read post]
4 Dec 2013, 5:20 am by Rebecca Tushnet
  Reasonable interest test couldn’t be taken at its word—added components to it that weren’t part of the test: purpose is to protect against unfair competition, but consumers universally don’t have standing. [read post]
29 Dec 2017, 12:21 pm by Rebecca Tushnet
The court applied the reasonable consumer standard to the consumer protection laws of fourteen states. [read post]
25 Jun 2022, 4:02 am by Rebecca Tushnet
Actual abandoned business/retro branding: Macy’s is still selling t-shirts for all the old stores it bought up and rebranded. [read post]