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4 Feb 2013, 2:23 am by John L. Welch
The hearing schedule and other details regarding attendance may be found at the TTAB website (lower right-hand corner)]. [read post]
10 Apr 2014, 10:26 am by James Tobias
Aside from formal trade mark registration, Cadbury may still be able to rely on the common law principle of ‘passing off’ to stop competitors from using the colour purple when applied to the packaging of milk chocolate products. [read post]
10 Dec 2013, 3:38 am
The Board muzzled that argument by pointing out that there are no limitations in the application or cited registration as to the price of the goods, that the goods may be purchased by less sophisticated buyers who will exercise only ordinary care, that registrant's goods apparently are offered at similar price points, and that in any case even sophisticated consumers may be confused when encountering substantially similar marks for identical goods.And so the Board affirmed… [read post]
10 Dec 2013, 3:21 am
The Board muzzled that argument by pointing out that there are no limitations in the application or cited registration as to the price of the goods, that the goods may be purchased by less sophisticated buyers who will exercise only ordinary care, that registrant's goods apparently are offered at similar price points, and that in any case even sophisticated consumers may be confused when encountering substantially similar marks for identical goods.And so the Board affirmed… [read post]
17 May 2022, 8:25 am by Robert N. Katz, Esq.
Safety organizations in Georgia and around the country are marking the month of May as National Motorcycle Safety Month, and President Joe Biden himself recently issued a statement recognizing the importance of prioritizing the safety of motorcyclists. [read post]
8 Jan 2015, 10:08 am
• You may file a declaratory judgment lawsuit, asking a court to declare that your mark does not infringe the trademark owner's mark, and/or that the trademark owner's mark is invalid. [read post]
2 Jan 2020, 11:35 pm
However, as illustrated by the Registrar's mark-similarity analysis above, if a mark's distinctiveness turns on it being a full name, its technical distinctiveness may be low, and its scope of protection is circumscribed. [read post]
26 Feb 2008, 7:26 am
Law May Trouble Foreign Trademark Owners Foreign trademark owners who seek registration in the United States may be troubled by several recent developments in American trademark law. [read post]
25 Mar 2019, 6:00 am by Lisa Siegel
Hypersomnia is a sleep disorder marked by excessive sleepiness in the day time. [read post]
24 Sep 2023, 11:09 pm by Eleonora Rosati
While it is inarguable that colours per se are eligible for trade mark protection, given that they possess little inherent capacity for communicating information (see still today the landmark Libertel CJEU judgment), the brands would likely have to prove that the colour in question has acquired distinctiveness through use, pursuant to Article 7(3) of the Trade Mark Regulation (2017/1001).This may sound as an easy task for a luxury fashion house. [read post]
2 Dec 2009, 6:29 am
This is his Community trade mark registration E8150286 for the word IPKAT, with a filing date of 11 March 2009 and a publication date of 25 May 2009. [read post]
2 Jun 2010, 8:34 am by Mandy Simon and Rachel Myers, ACLU
In fact, the National Security Strategy misses the mark on several key issues. [read post]
22 Apr 2019, 12:45 pm by Joseph Allen
The paper’s April 18 article, "A rare deterrent to limitless drug price increases may die under Trump" gives coverage to both sides, but the takeaway is that something nefarious is underway: "As drug prices have soared, lawmakers and patient advocates have pushed the federal government to deploy for the first time a powerful deterrent: a legal provision that allows it to suspend a drugmaker's patent and license someone else to produce the drug. [read post]
2 Jun 2017, 6:25 am
Omarova, Cornell University, on Friday, May 26, 2017 Tags: Bailouts, Banks, Financial crisis, Financial institutions, Oversight, Risk oversight, Shocks, SIFIs, Stakeholders, Systemic risk, Too big to fail Snap and the Rise of No-Vote Common Shares Posted by Ken Bertsch, Council of Institutional Investors, on Friday, May 26, 2017 Tags: Accountability, Agency costs, Boards of Directors, Dual-class stock, Entrenchment, Institutional Investors, IPOs, Listing standards, SEC,… [read post]
18 Nov 2016, 8:06 am by Rebecca Tushnet
  History may provide some guidance, but it’s actually pretty wobbly on a lot of the categories of unregistrable marks. [read post]
15 Aug 2016, 9:48 pm by Afro Leo
Accepting that she may be incorrect in this conclusion (para 40), the judge held that the mark had, in any event, acquired a secondary meaning through use (para 50) allowing it to be registered. [read post]
10 Aug 2021, 3:38 am
The Board rejected the weakness arguments, and it pointed out that consumers may perceive the addition of the corporate name PFANNER as indicating the previously anonymous source of the STRETCHFLEX products.As mentioned above, the Board found the marks to be similar in appearance, sound, connotation, and commercial impression. [read post]