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14 May 2015, 7:29 am
The applicant’s primary defense was that its marks were a parody of the Yankees logo and stadium nickname, and therefore were protected by Section 43(c)(3) of the Lanham Act, which provides that: The following shall not be actionable as dilution by blurring . . . any fair use . . . of a famous mark by another person other than as a designation of source for the person’s own goods or services. [read post]
14 May 2015, 6:30 am
When bacteria that typically live in the nose grow back, their arrival is marked by the greenish colored mucus. [read post]
14 May 2015, 12:57 am
Until recently, there was also little appetite from judges to engage with claims under the DPA when there was a perfectly good claim under another cause of action. [read post]
13 May 2015, 12:50 pm
The Board declined to consider applicant’s parody defense in its Section 43(c) analysis, because applicant asserted an intention to use the opposed marks as source indicators, which by definition is not a noncommercial use or a “fair use” exempted from a dilution claim. [read post]
13 May 2015, 6:00 am
TMEP 1203.03(c). [read post]
13 May 2015, 4:37 am
Against this body of case law, PCCM pointed to judgments in several other common law jurisdictions, including: Ireland: C&A Modes v C&A (Waterford) Ltd which Lord Neuberger said [39] shows a “misapprehension” of the reasoning in Crazy Horse; Canada: Orkin Exterminating Co Inc v Pestco Co of Canada Ltd, which was “of no assistance” [40] since the US-based plaintiff had thousands of customers in CanadaNew Zealand: Dominion Rent A Car Ltd v Budget… [read post]
12 May 2015, 1:53 am
The situation is stronger in respect of the opponents' [logo mark] in that the goods are identical and the marks have a degree of similarity such that the average consumer would be directly confused. [read post]
11 May 2015, 3:05 pm
* Norms of the sector and three-dimentional marks' distinctiveness: a complicated relationship.Valentina write up Case C-445/13 P , a CJEU decision regarding a 3-D trade mark consisting of the shape of a bottle and its distinctive character. [read post]
11 May 2015, 3:57 am
The Bronx Bombers offered substantial evidence regarding the duration and extent of the advertising of the mark, and the sales of goods and services under the mark. [read post]
9 May 2015, 6:58 am
You can review the rule in the Federal Register here.Here is a good description of the changes by our friend Professor Mark Weber that recently was published on the Education Law Professor Blog:On Tuesday, April 28, the Department of Education issued a final rule covering maintenance of effort (sometimes called “nonsupplanting”) by school districts and other local education agencies in connection with Individuals with Disabilities Education Act funding. [read post]
8 May 2015, 9:24 am
” Even a single use is enough to avoid abandonment if the use is made in good faith. [read post]
8 May 2015, 9:18 am
Another controversial case entailing a community trade mark consisting of the shape of a product has kept first the General Court, and then the Court of Justice, busy.This latter gave its judgment in case C-445/13 P confirming the General Court's findings on the invalidity for lack of distinctive character - Article 7.1.b of Regulation 207/2009 - of the three dimensional mark held by Voss of Norway ASA, namely a transparent cylindrical bottle featuring… [read post]
7 May 2015, 6:36 pm
You can read more about the conference in the column written by Stefani C. [read post]
7 May 2015, 5:51 pm
Michael deBarros, Mark Mese, and Todd Rossi, of Kean Miller’s Insurance Coverage and Recovery Team represented United Policyholders, as amicus curiae in Kelly. [read post]
7 May 2015, 5:51 pm
Michael deBarros, Mark Mese, and Todd Rossi, of Kean Miller’s Insurance Coverage and Recovery Team represented United Policyholders, as amicus curiae in Kelly. [read post]
7 May 2015, 7:25 am
This has led Alexander C. [read post]
7 May 2015, 5:00 am
[C]onsidering the similarities of the allegations in the two cases . [read post]
6 May 2015, 11:18 pm
Merpel thinks that the United States is rather better represented than the official numbers suggest, given that so many people attending from beyond its borders work with or for law firms and companies that are US-owned or controlled -- but that doesn't detract from the increasingly international "feel" which the Meeting now possesses.Photo: C. [read post]
6 May 2015, 5:46 pm
Good stuff today. [read post]
6 May 2015, 1:17 am
"I know I’m getting old and past it", says Katfriend, trade mark attorney and MARQUES stalwart David Goldring (Oakleigh), "but is a mark consisting of two @ signs in plain type (in other words the mark @@) capable of distinguishing any goods or services or is it devoid of distinctive character? [read post]
