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20 May 2016, 8:40 am by Rebecca Tushnet
  One could say, using a mark in a way that creates confusion among consumers is deceptive. [read post]
19 May 2016, 6:00 am by Martha Engel
   The Trademark Office generally will only question the services once a specimen has been provided that does not clearly link the mark to brewing or making wine for others, rather than just for its own beer or wine. [read post]
18 May 2016, 4:18 pm by Ron Coleman
holder’s mark, rather than its use, other than as a mark, to describe the alleged infringer’s goods or services. [read post]
16 May 2016, 3:14 am
TMEP Section 1301.04(h)(iv)C).FTD argued that it had created its own virtual sub-community within Twitter, but the Board was unmoved. [read post]
12 May 2016, 7:23 am
Over at IP Draughts, Mark Anderson has some words for wisdom for any academic researchers why it would be necessary to execute a written assignment of IP rights to a university if there is an apparently good policy in place. [read post]
10 May 2016, 4:21 am by Kluwer Blogger
by Ana Ramalho “On the 7th of April AG Wathelet issued his Opinion in the GS Media case (C-160/15). [read post]
3 May 2016, 12:09 am by Bill Marler
Consequently, physical limitations that still exist beyond the one-year mark are more probably than not permanent. [read post]
1 May 2016, 1:49 pm by streetartandlaw
Then Defendants argue that their name, “Moschino,” falls into the exception of Section 1202(c), as “personally identifying information about the user of a work”. [read post]
30 Apr 2016, 12:10 pm by Rebecca Tushnet
Affirmative: free expression is a social good wielded by individuals to accomplish the public good of discourse/democracy. [read post]
30 Apr 2016, 7:37 am by Rebecca Tushnet
 Balkin: Meiklejohn would never have said that b/c info you get is distorted, info is not protected. [read post]
22 Apr 2016, 12:18 pm
 The program states that:"Much of the commentary on the recent trade mark reforms has focused on the big ticket items – such as the change in the name of the Office, IP TRANSLATOR and goods in transit. [read post]
22 Apr 2016, 7:23 am by Lawrence B. Ebert
Benelux-Merkenbureau Case C-104/01 [2003] ECR 1-3793 The point was whether Libertel, a telecommunications company, could register the colour orange as a trade mark for telecommunications goods and services. [read post]
22 Apr 2016, 4:53 am
 To overcome this seemingly fatal hurdle, Cadbury argued that the registration in question was in fact a series of marks in accordance with s.41 of the UK Trade Marks Act 1994 – 41. - (1) Provision may be made by rules as to - (a) the division of an application for the registration of a trade mark into several applications;(b) the merging of separate applications or registrations;(c) the registration of a series of trade marks. [read post]