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2 Feb 2015, 6:21 am by Rebecca Tushnet
Over the next weeks and months, Fitbug expressed concerns about potential competition from Fitbit, and contemplated a C&D. [read post]
2 Feb 2015, 3:28 am
" The Board therefore found that Kate Middleton’s identity was of sufficient fame or reputation that when Applicant’s mark PRINCESS KATE and ROYAL KATE are used in connection with Applicant’s goods, a connection with Kate Middleton will be presumed.And so the Board found that both marks falsely suggested a connection with Kate Middleton, and it therefore affirmed the Section 2(a) refusal.Section 2(c): Section 2(a) of the Lanham act bars… [read post]
2 Feb 2015, 2:20 am
And how does that ruling interact with CJEU and national courts’ earlier case law on exhaustion of digital goods? [read post]
31 Jan 2015, 8:24 pm
And when I presented the GPs to the Human Rights Council I stated that its endorsement would not end all business and human rights challenges; but I added that it would mark [read post]
30 Jan 2015, 12:39 pm
Miknevich, supra (internal citations and quote marks omitted).The District Court Judge noted that Feldman did not cl [read post]
30 Jan 2015, 8:42 am by John Elwood
Thanks to Ralph C. [read post]
29 Jan 2015, 3:14 pm
It recited the settled case-law affirming that a mark has distinctive character if it serves as a source of commercial origin and that distinctiveness must be assessed by reference to the relevant goods and services and to the perception of the relevant public. [read post]
23 Jan 2015, 2:09 am by Jeremy
Significantly, the InfoSoc Directive does not contain a proviso found in European trade mark legislation, notably in Article 7(2) of the Trade Mark Directive 2008/95, that exhaustion shall not applywhere there exist legitimate reasons for the proprietor to oppose further commercialisation of the goods, especially where the condition of the goods is changed or impaired after they have been put on  the market.The facts of our case, in short, run like… [read post]
21 Jan 2015, 8:51 am by Daniel Shaviro
”While I thought it was a really good session, I don’t comment here about the content of a given session, because that would be inconsistent with our policy that they are off the record. [read post]
20 Jan 2015, 8:38 am by Lisa Larrimore Ouellette
Mark Lemley (@marklemley) January 20, 2015SCOTUS in Teva: "subsidiary factfinding is unlikely to loom large in the universe of litigated claim construction. [read post]
19 Jan 2015, 8:09 am
 * BREAKING NEWS: someone wants to register 'Je suis Charlie' as a trade mark…and it is not Charlie Hebdo, explains Eleonora. [read post]
19 Jan 2015, 7:53 am
 There was a happy ending of sorts for the Lithuanian company, though: it finally got a CTM for goods in class 32, this being figurative 'Nueva Melt water original' mark. [read post]