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13 Apr 2012, 11:01 am by Tom Smith
 How more more in the stream of interstate or foreign commerce can you get? [read post]
4 Oct 2022, 2:18 pm by Kirk M. Hartung
Policy, Chamber of Commerce Global Innovation Policy Center; Andrei Iancu, former Under Secretary of Commerce for Intellectual Property, and Director of the U.S. [read post]
7 Aug 2012, 11:53 pm by Lawrence B. Ebert
Techsplosion, Inc., 261 F.3d 1188, 1194 (11th Cir. 2001) (“The term ‘use in commerce’ as used in the Lanham Act ‘denotes Congress’s authority under the Commerce Clause rather than an intent to limit the [Lanham] Act’s applica- tion to profit making activity. [read post]
20 Mar 2015, 7:31 pm by Nikki Siesel
The question is can Petitioner prove he used the mark in commerce earlier than October 25, 2010. [read post]
14 Apr 2008, 11:35 pm
By Eric Goldman You may recall my repeated discussion about the trademark use in commerce doctrine. [read post]
10 Dec 2010, 2:06 pm by John Shafer
In a recent oral argument in the case of Chamber of Commerce v. [read post]
25 Feb 2007, 12:05 am
E-commerce has 'netted the Girl Scouts. [read post]
14 Aug 2011, 9:59 am by Jonathan H. Adler
This suggests that they are removed from the traditional subjects of Congress’s commerce authority, in the same manner that the regulated actors in Lopez and Morrison were removed from the traditional subjects of Congress’s commerce authority by virtue of the noneconomic cast of their activity.This departure from commerce power norms is made all the more salient when we consider principles of aggregation, the chief addition of Wickard to the Commerce… [read post]
11 Dec 2009, 7:06 am
Senate Committee on Commerce, Science, and Transportation held a subcommittee hearing today on Aviation Safety: Oversight of [...] [read post]
3 Mar 2015, 5:15 pm by Lawrence B. Ebert
“[A]n applicant’s preparations to use a mark in commerce are insufficient to constitute use in commerce. [read post]
9 Sep 2013, 6:16 am
  Judge Batts noted that there are circumstances under which a defendant's use of a mark can satisfy the "use in commerce" standard if it has an impact on the plaintiff's commercial activities, but found that Courtalert.com's complaint did not claim such use. [read post]
9 Nov 2021, 4:43 am by Rebecca Tushnet
But the UTPCPL applies to “unfair or deceptive acts or practices in the conduct of any trade or commerce,” and collecting sales tax isn’t conducting trade or commerce because tax collection is “divorced from private profit” and “[r]etailers...collect sales tax on behalf of the Commonwealth’s Department of Revenue” only “because state law requires them to do so. [read post]
12 Dec 2011, 5:14 pm
Currently, the law does not indicate that a trademark registrant have used the trademark in commerce in order to claim infringement. [read post]
22 Dec 2011, 1:35 am by Michael Geist
  The privacy and anti-spam laws are particularly vulnerable since both rely on the same trade and commerce provision that the court just addressed. [read post]
15 Mar 2019, 3:53 pm by Kirk Jenkins
  The FTAIA reads like this: Sections 1 to 7 of this title shall not apply to conduct involving trade or commerce (other than import trade or import commerce) with foreign nations unless – (1)    Such conduct has a direct, substantial, and reasonably foreseeable effect – (A)    On trade or commerce which is not trade or commerce with foreign nations, or on import trade or import commerce with foreign nations,… [read post]
15 Mar 2019, 3:53 pm by Kirk Jenkins
  The FTAIA reads like this: Sections 1 to 7 of this title shall not apply to conduct involving trade or commerce (other than import trade or import commerce) with foreign nations unless – (1)    Such conduct has a direct, substantial, and reasonably foreseeable effect – (A)    On trade or commerce which is not trade or commerce with foreign nations, or on import trade or import commerce with foreign nations,… [read post]