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Alternatively, a restaurant may want to negotiate an aggregate limitation of liability, which includes all of its franchisees. [read post]
26 Nov 2018, 10:20 am by Eric Goldman
  1-800 Contacts’ trademark terms have higher conversion rates than non-branded search terms. [read post]
15 Nov 2018, 3:35 am
Loeb Pipes, Inc., 190 USPQ 238, 246 (TTAB 1975) (emphasis added by the Board).Applicant's mark must be viewed in the context of airline services; the alternative meanings proposed by the examining attorney are not probative. [read post]
11 Nov 2018, 9:50 am by Camilla Alexandra Hrdy
The post also draws attention to a growing refrain by trademark scholars such as Rebecca Tushnet, Mark McKenna, and Mark Lemley: that a possible response to trademark courts' embrace of alternative theories of confusion is to institute a materiality requirement, like courts use for false advertising claims.What Is Post-Sale Confusion? [read post]
22 Oct 2018, 8:12 am by Haley Claxton
” The Solicitation provided a number of brand-name balances as examples under a “brand name-or-equal specification,” indicating that alternatives to the brand-name models were acceptable. [read post]
4 Oct 2018, 12:49 pm by Patrick A. Malone
The new medications’ costs also compare to launch list prices of their branded predecessors: $94,500 for Harvoni and $74,760 for Epclusa. [read post]
27 Sep 2018, 1:42 pm by Rebecca Tushnet
Environmental Chemicals, Inc., 509 F.Supp. 36 (S.D.N.Y. 1980)Found this in an unrelated search and it made me think about the utility (if any) of the nominative fair use category. [read post]
27 Sep 2018, 12:12 pm by Phyllis H. Marcus and Perie Reiko Koyama
Federal Court in Florida Grants FTC a Win in Gastric Bypass Alternative Case A U.S. district court in Florida has ruled in favor of the FTC in its longstanding litigation against Roca Labs, Inc., a seller of weight-loss powders advertised as an alternative to gastric bypass surgery. [read post]
7 Aug 2018, 3:39 pm by David Kopel
But back in 1985, the Glock was brand new, and the gun control lobbies found a brand new opportunity to terrify the American public. [read post]
20 Jul 2018, 11:40 am by Shane McCall
  Savannah’s bid was the second lowest price and offered the brand-name pressure washer. [read post]
18 Jul 2018, 7:45 am by Rebecca Tushnet
Public.Resource.Org, Inc., No. 17-7035 (D.C. [read post]