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By commencing a CPLR Article 78 action involving arbitrable issues, the petitioner may be deemed to have waived his or her right to demand arbitration of those issues
12 Apr 2019, 4:00 am by Public Employment Law Press
Thus, concluded the Appellate Division, the doctrine of laches does not bar the arbitration in this instance.Citing Sherrill v Grayco Bldrs., 64 NY2d 261, the Appellate Division opined that "[l]ike contract rights generally, a right to arbitration may be modified, waived or abandoned. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Test Your TTAB Judge Ability: Is "NY" Primarily Geographically Deceptively Misdescriptive for Cosmetics Made Elsewhere?
18 Mar 2014, 2:30 am
Text Copyright John L. [read post]
The TTABlog - http://thettablog.blogspot.com/
Professor McCarthy Comments on CAFC's INSIGNIA Ruling
30 May 2017, 3:23 am
Read comments and post your comment here.Text Copyright John L. [read post]
The TTABlog - http://thettablog.blogspot.com/
Precedential No. 1: TTAB Affirms Ornamentality Refusal of Clothing Trim Design Mark
24 Jan 2013, 2:56 am by John L. Welch
Read comments and post your comment here.Text Copyright John L. [read post]
The TTABlog - http://thettablog.blogspot.com/
Test Your TTAB Judge-Ability: Are These Two "Marvelous" Marks Confusable for Movie Production Services?
11 Nov 2013, 3:20 am
Answer here.Text Copyright John L. [read post]
The TTABlog - http://thettablog.blogspot.com/
TTAB Dismisses 2(d) Opposition to ANTARCTIC ICE MARATHON Due to Failure to Prove Priority
17 Feb 2017, 3:12 am
But at least there the stagehands were in Chicago.Text Copyright John L. [read post]
The TTABlog - http://thettablog.blogspot.com/
TTABlog Test: Is KOKOMO for Fresh Fruits Confusable With KOKOMO for Wine?
21 Jun 2023, 5:06 am
Text Copyright John L. [read post]
The TTABlog - http://thettablog.blogspot.com/
Another TTAB Test: Are "FLUFF IT UP" and "FLUFFY STUFF" Confusable for Cotton Candy?
7 Oct 2015, 2:49 am
Here, opposer's "cotton candy" encompasses "natural cotton candy," and thus the involved goods are legally identical. [read post]
The TTABlog - http://thettablog.blogspot.com/
TTAB Dismisses 2(d) Opposition to "M" Mark for Medication Costing Software
13 Feb 2019, 4:01 am
Thus opposer failed to show that its "M" mark is commercially stronger than any other mark.The Board considered various third-party "M" marks in the medical field and concluded that "companies create use logos incorporating the first letter of their trade name. [read post]
The TTABlog - http://thettablog.blogspot.com/
Precedential No. 11: TTAB Affirms Section 2(d) Refusal of Hockey Logo, Finding No Consent to Registration, 13th Factor Outweighed
18 May 2017, 3:28 am
Text Copyright John L. [read post]
The TTABlog - http://thettablog.blogspot.com/
Some Thoughts on Why Product Configuration Marks Seldom Survive TTAB Scrutiny
23 Aug 2019, 7:20 am
A successful product will invite imitation, and thus the question of protection arises. [read post]
The TTABlog - http://thettablog.blogspot.com/
TTAB Finds "STREAM THEATERS" Generic For .... Guess What?
6 Dec 2023, 3:31 am
Text Copyright John L. [read post]
The TTABlog - http://thettablog.blogspot.com/
The Supreme Court Limits Overseas Patent Infringement
25 Feb 2017, 6:01 am by Linda Hazelton
Julie L. [read post]
PHOSITA - http://dunlapcodding.com/phosita
TTABlog Test: Are Cigarettes and Cigars Related to Alcoholic Beverages Under Section 2(d)?
18 Apr 2024, 3:57 am
Text Copyright John L. [read post]
The TTABlog - http://thettablog.blogspot.com/
Reed Smith New Jersey Double Play
19 Apr 2013, 9:25 pm by Bexis
Ber-L-3081-09, slip op. [read post]
Drug and Device Law - http://druganddevicelaw.blogspot.com/
TTAB Finds Two KR Design Marks For Cosmetics Confusingly Similar
28 Jun 2022, 4:01 am
Text Copyright John L. [read post]
The TTABlog - http://thettablog.blogspot.com/
TTABlog Test: Must "FARM" Be Disclaimed in MONSALVAT FARM for Honey and Maple Syrup?
3 Jun 2020, 4:55 am
I thought the "incongruous" argument was useless.Text Copyright John L. [read post]
The TTABlog - http://thettablog.blogspot.com/
TTAB Test: Are Beer and Wine Related for Section 2(d) Purposes?
13 Jan 2015, 3:28 am
As I've said before, there is no per se rule that beer and wine are related, but it doesn't take much evidence to convince the Board that they are.Text Copyright John L. [read post]
The TTABlog - http://thettablog.blogspot.com/
TTAB Affirms Refusal to Register the Color Orange for Tool Accessory Trays Due to Lack of Acquired Distinctiveness
27 Oct 2022, 6:17 am
Text Copyright John L. [read post]
The TTABlog - http://thettablog.blogspot.com/
Precedential No. 2: TTAB Upholds Refusal to Register ZHIMA Absent an English Translation ("Sesame")
17 Jan 2023, 5:42 am
Text Copyright John L. [read post]
The TTABlog - http://thettablog.blogspot.com/