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30 Aug 2023, 8:25 am by Eric Goldman
The court summarizes its assessment: “Although the facts present a close case in terms of net balance, multiple factors to which courts give serious weight––the strength of Plaintiff’s mark, likely degree of purchaser care, and defendant’s intent––result in a conclusion that the plaintiff has not demonstrated a sufficient degree of likely consumer confusion. [read post]
24 Aug 2023, 12:12 pm by Eugene Volokh
A certain degree of factual specificity is required to support Plaintiffs claims. [read post]
18 Aug 2023, 3:00 am by Shea Denning
Or so said the Texas Court of Appeals (Amarillo) in Boes v. [read post]
9 Aug 2023, 10:26 am by Kevin LaCroix
Indeed, in McDonald’s II, the court reached back before Caremark to the 1963 Delaware Supreme Court decision in Graham v. [read post]