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29 Oct 2008, 10:57 am
She feels that the well-advised counterfeiter will now see an advantage in making sufficient small changes in the counterfeit mark to require the court to conclude that it is merely highly similar, so that it will be necessary for the prosecution to go through the inconvenience of establishing a likelihood of confusion before they can obtain a conviction. [read post]
15 Jun 2015, 1:12 pm by Rebecca Tushnet
”  Further, the prominent display of WD-40’s own well-known marks was a strong indication of lack of likely confusion. [read post]
28 Jun 2007, 4:10 pm
Bruce is a heck of a lawyer, a good guy, and well versed on the First Amendment, including new media issues. [read post]
3 Aug 2013, 6:30 am by Robert Chesney
There is an interesting article in the New York Times this morning, from Mark Mazzetti and Mark Landler, the thrust of which is captured by the headline: “Despite Administration Promises, Few Signs of Change in Drone Wars. [read post]
19 Mar 2007, 4:11 am
It's all very well to get your colour trade mark, but how much protection to you get once you have it? [read post]
30 Jun 2009, 2:04 pm
This act would mark the first time that the Federal government has given protection to transgenedered individuals, and marks a turning point in the legal acceptance and equal protection of these people. [read post]
31 May 2010, 9:59 pm
Now, there's a challenge ...], to be defined in a way which would guarantee, inter alia, a minimum amount for each Member State, as well as the introduction of appropriate mechanisms which have due regard to the financial arrangements applicable to individual National Offices, to ensure that these funds will be available to the National Offices and will be used for purposes closely related to the protection, promotion and/or enforcement of trade marks, including combating… [read post]
16 Nov 2007, 4:21 am
As to the goods, the Examining Attorney submitted ten third-party registrations "for marks for goods that include cheese and many or all of the registrant's identified goods," as well as two websites that provide recipes using cheese and one or more of Registrant's goods, and a third website offering "gift tins, with the featured tin including 'brie cheese' and 'gourmet olives.'"Applicant feebly argued that purchasers of brie are… [read post]
17 Aug 2012, 9:46 am
But it's understandable, given that Smith's opponent, Char-Lie Hales, has his political consultant, Mark Wiener, on Smith's case. [read post]
8 Feb 2019, 4:12 am by David Leffler
Reflections When assessing the distinctiveness of the 3D marks, the court did not use the well-established EUCJ criteria (a shape must depart significantly from the norms or customs of the section). [read post]
16 Feb 2017, 6:21 am
  There was also a case argued for infringement by use for travel services but the relevant EU trade mark was no longer in play so it was dismissed.Furthermore, it was not a well-known trade mark under Section 10(3). [read post]
29 Mar 2012, 11:41 am by Los Angeles Lawyer
The former NFL player who played with Washington Redskin, Mark Rypien, is the lead complainant in a mass-tort lawsuit filed by 126 former players, reports said. [read post]
25 Jun 2007, 6:30 am
The costs of getting a patent, if your idea really is worth protecting, are often well worth the extra money involved. [read post]
15 Mar 2012, 2:54 am by John L. Welch
" And so he would have reversed the refusal.TTABlog comment: I am still without power, and energy as well. [read post]
24 Feb 2014, 11:25 am
 This book, well illustrated and clearly written, provides in pocket-book format a handy and attractively-illustrated summary of not only the main decisions of the Court of Justice of the European Union on Community and national trade mark matters, but also a selection of some of the more important General Court decisions -- around 200 pages worth. [read post]
8 Sep 2022, 4:16 am
The evidence suggested that by 2013-2014, Andrusiek's CAPTAIN CANNABIS mark was "reasonably well-known within these [niche] communities, even if the numbers are not large in absolute terms, and was reasonably well-known prior to Respondent’s priority date. [read post]