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20 Jun 2017, 11:33 am
Finally, one significant problem with the Tam decision is that the court emphasizes the harm to expression caused by the disparagement clause of Section 1052(a) – and suggests it is akin to a prohibition of expression – without discussing the fact that a trademark right includes the ability to ask the government to assist the trademark owner in suppressing and punishing the expression of third parties who infringe or dilute the mark. [read post]
15 Feb 2022, 10:28 am
Why isn’t customer diversion itself harm? [read post]
28 Jan 2014, 8:33 am
This action marks the second time the Air Resources Board has issued fines for violations of California's Mandatory Greenhouse Gas Emissions Reporting regulation. [read post]
20 Feb 2015, 9:39 am
-Restraining another person from causing physical harm to others or to himself/herself. [read post]
21 Dec 2023, 9:45 am
The Defendants’ failure to timely adjudicate U visa petitions and provide interim relief, and the privileges and protections that come with it, have needlessly harmed those whom U visas were designed to protect. [read post]
19 Jan 2024, 3:27 pm
The No AI FRAUD Act comes nowhere near the mark [read post]
11 Nov 2021, 11:08 am
But that won’t be the worst harm. [read post]
10 Oct 2016, 5:59 am
Since enrolling in their current school in Tampa in April of 2015, the children attended consistently and earned all satisfactory or excellent marks on their report cards. [read post]
10 Jun 2024, 9:39 am
(A brand can be a limping mark!) [read post]
17 Jun 2024, 4:00 am
The United States tends to celebrate its national holidays through rituals that harm non-human animals. [read post]
8 Sep 2017, 1:10 pm
A pause would injure that reputation, harming the public interest. [read post]
31 Aug 2020, 8:38 am
Thursday could mark a tipping point in the "automotive patent wars. [read post]
28 Oct 2015, 6:10 am
Brands, and their trade marks, are some of the most valuable IP out there and flourish in the current environment. [read post]
20 Apr 2018, 2:05 pm
The Chrysler allegedly collided with the passenger side of the Chevrolet, which entered the intersection after stopping at the marked limit line. [read post]
9 Feb 2021, 1:42 pm
The provision is consistent with a trademark owner’s duty to police its marks so that the trademark continues to identify a single source of goods or services. [read post]
13 May 2011, 11:57 am
An injunction would subject Whirlpool to considerable costs in changing its ads and its product name as well as markings on the product itself and the associated literature, along with harm to its credibility and goodwill. [read post]
16 Jan 2018, 10:45 am
“The purchase of one product under the mistaken belief that it is another product is a prototypical harm against which the Lanham Act protects. [read post]
16 Oct 2020, 10:29 am
The court equated copying photos to similarity of marks, implicitly holding that any image of the plaintiff is their “mark” (consistent with its idea that “recognizability is a measure of the strength of Plaintiffs’ mark, not the similarity”). [read post]
10 Aug 2017, 7:43 am
We shouldn’t pretend that all assertions of harm are the same.Deborah Gerhardt: type of mark too, descriptive v. suggestive? [read post]
5 Nov 2009, 7:40 am
Case summaries are provided courtesy of Mark Friedman and Patricia Casey of the Office of the Public Defender. [read post]
