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29 Jun 2019, 6:48 pm
As SCOTUS closes the door on political gerrymander cases, the redistricting floodgates are about to open. [read post]
22 Aug 2022, 9:01 pm
”The cover-up, double-talk, and trial-and-error approach that mark lethal injection’s recent history mean that problems of the kind that occurred in the James execution will keep happening. [read post]
14 Apr 2019, 8:49 am
Humphreys, P.C. is pleased to announce the settlement of a life insurance case wherein Mark was able to recover life insurance benefits for his client. [read post]
Illinois Courts Grapple With Pleading Standard for Intent to Deceive Element of False Marking Claims
3 Sep 2010, 6:37 am
Defendants' motion to dismiss plaintiff's qui tam false marking action for failure to state a claim was granted. [read post]
26 Jun 2023, 12:37 pm
Marks 25th Anniversary Serving the Legal Needs of New Jersey Clientele appeared first on New Jersey Workers' Compensation Lawyers - Petro Cohen, P.C.. [read post]
11 Feb 2020, 1:37 am
Case date: 29 January 2020 Case number: No. 18-51021 Court: United States Court of Appeals, Fifth Circuit A full summary of this case has been published on Kluwer IP Law. [read post]
20 Feb 2024, 9:19 am
The case concerns issues of bad faith and functionality in trade mark law.National proceedingsCeramTec is a developer and manufacturer of ceramic products. [read post]
4 Nov 2019, 11:03 am
In the case at hand, Schweppes, S.A. [read post]
30 Apr 2021, 4:30 am
Consequently, a person who files an application for registration of a sign as a mark cannot rely, to his advantage and in order to secure an identical decision, on a possibly unlawful act committed for the benefit of someone else (Agencja Wydawnicza Technopol v OHIM (C‑51/10 P)).In the present case, the application was caught within one of the grounds for refusal set out in Article 7(1) EUTMR. [read post]
26 Dec 2012, 2:34 am
The IPKat, who enjoyed reading this decision, wonders if anyone is keeping a list of trade mark infringement cases in which the defence of "I'm only using my own name", so often raised, has ever succeeded: if such a list exists, it must be a pretty short one, even if one includes passing-off actions and, in civil law jurisdictions, actions for unfair competition. [read post]
11 Aug 2015, 3:51 pm
Maker’s Mark Distillery, Inc., Case No. 3:14-cv-02885 (S.D. [read post]
9 Jul 2015, 2:07 am
The Court then considered the eight Sleekcraft factors in attempting to ascertain the likelihood of confusion, but restricted itself to the five which it deemed relevant to the case: Strength of the marksThe two relevant types of trade mark strength here were commercial and conceptual, and the Court considered the conceptual strength of MTM's mark as no evidence was given as to its commercial strength. [read post]
3 Nov 2020, 4:13 am
We acknowledge Applicant’s attempts to use .SUCKS in a manner that source-identifying marks are used; however, the evidence shows that consumers will view it as only a non-source identifying part of a domain name, rather than as a mark.Turning to the stylized version of the proposed mark, the Board noted that "[w]here an element of a mark is held unregistrable, as is the case here with .SUCKS, a design or stylization may render the overall mark… [read post]
22 Sep 2011, 3:06 am
- ed.]The marks: The Board divided Fage's marks into two sets. [read post]
8 Mar 2015, 10:51 am
The case is David Couture v Playdom (Fed. [read post]
2 Mar 2016, 3:59 am
It also brings EU case-law closer to the approach that has been taken by national courts in trade mark infringement cases involving Adidas' three-stripes mark [see generally here; Adidas v Alcampo S.A. [read post]
12 Feb 2018, 10:56 am
At issue in this case were two marks both for the term TERNURA in standard characters. [read post]
12 Feb 2018, 10:56 am
At issue in this case were two marks both for the term TERNURA in standard characters. [read post]
19 Jan 2012, 3:43 pm
Mark Zuckerberg, head of Facebook, has won yet another battle against his former classmates at Harvard who believe he stole the idea of the now-famous social-networking site from them. [read post]
Supreme Court Holds Section 2(a) Ban on Registration of Immoral or Scandalous Marks Unconstitutional
28 Jun 2019, 2:54 am
In case you haven't heard, the U.S. [read post]
