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3 Dec 2015, 6:00 am by Administrator
Each Thursday we present a significant excerpt, usually from a recently published book or journal article. [read post]
30 Nov 2015, 8:17 am by Juan C. Antúnez
Somewhere in the conceptual space between “identical” and “antithetical” resides “similar,” and the parties disagree where its boundaries should be marked for this kind of case. [read post]
30 Nov 2015, 3:34 am
There are good reasons for concern, he says. [read post]
27 Nov 2015, 4:00 am
But plain packaging seems to be rooted on the idea that trade marks harm consumer welfare and that consumers are somehow better off if they appear much less on the goods. [read post]
27 Nov 2015, 1:00 am by Jani Ihalainen
Rather than "stimulat[ing] artistic creativity for the general public good," copyright protection for the Sequence would prevent the public from engaging with... [read post]
24 Nov 2015, 2:12 pm
 Merpel however wonders what good can come from this decision. [read post]
23 Nov 2015, 2:40 pm
The art of trade markapplicationEveryone who filed a Benelux trade mark application between 13 September and 14 November was promised a gift in the form of a painting of their new trade mark by the lovely Benelux PTO. [read post]
23 Nov 2015, 2:32 pm
Having low profit numbers is like getting a C- in a law school class. [read post]
20 Nov 2015, 10:03 am by Rebecca Tushnet
  There’s clearly a concern that if we extend this cause of action to false advertising, we’ll end up with anticompetitive effects, b/c pure aluminum washboard P could go after others w/perfectly good products that are only partially aluminum. [read post]
20 Nov 2015, 7:38 am by Rebecca Tushnet
 Where P’s mark didn’t indicate anything about the goods, no plausible explanation of use of same mark for same goods, so illegitimacy could be presumed. [read post]
19 Nov 2015, 8:35 am by Orin Kerr
If A sends a letter to B, asking him to deliver a package to C at a particular address, the contents of that letter are contents from A to B but mere non-content addressing information with respect to the delivery of the package to C. [read post]
17 Nov 2015, 12:20 pm by Cynthia L. Hackerott
While the OFCCP’s EO 11246 regulations (at 41 CFR §60-2.16(a) and §60-2.17(c)) maintain that contractors must apply/demonstrate “good faith efforts” designed to reach any placement goals set, “good faith efforts” are no longer sufficient under the revised VEVRAA and Section 503 regulations. [read post]
16 Nov 2015, 12:10 am
Meanwhile, BOIP has proven to be a good sport. [read post]
12 Nov 2015, 6:52 am by INFORRM
  It says restriction is “the marking of stored personal data with the aim of limiting their processing in the future. [read post]
9 Nov 2015, 7:09 am
., 587 A.2d 702, 704 (Pa. 1991) (emphasis added) (citation and quotation marks omitted).Another equivalent standard for punitive damages is that the plaintiff is “substantially certain” to be injured. [read post]
4 Nov 2015, 8:43 pm by Daniel Christopherson
Lehrman, Attorney UK obtained a federal trademark registration for KENTUCKY for clothing and other goods in 1997, after alleging it had acquired distinctiveness in the mark through its substantially exclusive and continuous use of the mark in connection with these goods. [read post]