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22 Jan 2024, 9:00 am
The Court next examined Mylan Laboratories case that establishes that under Maryland law, a parent corporation can be treated as an alter ego of a subsidiary under the “agency” test, if the parent corporation “exerts considerable control over the activities of the subsidiary. [read post]
22 Jan 2024, 7:59 am
The case count continues to grow exponentially. [read post]
21 Jan 2024, 9:01 pm
A number of FTC cases initiated in prior years carried over into 2023. [read post]
N.D. Cal. Judge Pushes Back on Copyright SAD Scheme Cases–Viral DRM v. YouTube Schedule A Defendants
21 Jan 2024, 8:13 am
My SAD Scheme paper provided some data indicating that 88% of SAD Scheme cases involved trademarks, with only 6% each in copyright and patents. [read post]
20 Jan 2024, 11:53 am
The full agenda will be announced in due course.Registration is open for the 2024 INTA Annual Meeting.The International Trademark Association (INTA) will hold its Annual Meeting from 18 to 22 May 2024. [read post]
19 Jan 2024, 8:32 am
” This factor wasn’t particularly probative, even though reliance on word-of-mouth might “diminish the importance of the dissimilarity between the trademarks. [read post]
19 Jan 2024, 6:00 am
While this conduct can sometimes be obvious, this is not always the case. [read post]
19 Jan 2024, 4:56 am
Topics could include patent filing, copyright laws, and trademark registration. [read post]
TTAB Affirms Refusal to Register Blue Bundle of Dental Floss Due to Lack of Acquired Distinctiveness
19 Jan 2024, 4:15 am
" In any case, Loops claimed acquired distinctiveness under Section 2(f),"thereby tacitly conceding the lack of inherent distinctiveness. [read post]
18 Jan 2024, 5:14 pm
Patent and Trademark Office’s (USPTO’s) stance that the Supreme Court decision applies across the board without regard to technology, and instruct USPTO personnel to continue to use the Wands factors when assessing enablement. [read post]
18 Jan 2024, 1:24 pm
[xii], where ChatGPT created cases for the lawyer representing the Plaintiff in support of its case. [read post]
18 Jan 2024, 10:46 am
In many cases, trademarks may actually misinform consumers by masking the identity of the producer or its distanced relationship with the trademark owner. [read post]
18 Jan 2024, 10:00 am
In most cases, reverse engineering is legal. [read post]
18 Jan 2024, 9:00 am
Franchising generally occurs any time there is an oral or written agreement for (1) the buyer to use or associate with the sellers trademark; (2) the seller to exert certain control or provide certain assistance; and, (3) the buyer to pay for the association. [read post]
18 Jan 2024, 8:01 am
” (Just imagine if courts treated trademark harm theories this way!) [read post]
16 Jan 2024, 9:32 am
First Amendment Neglect in Supreme Court Intellectual Property Cases Mark A. [read post]
16 Jan 2024, 4:00 am
The case deals with the ownership and alleged infringement of two trademarks: WALLSTREETBETS and WSB. [read post]
16 Jan 2024, 2:22 am
On 20 December 2023, the UK Supreme Court handed down its highly anticipated judgment in the case of Thaler v Comptroller-General of Patents, Designs and Trademarks [2023] UKSC 49, unanimously ruling that only a natural person can be named as an inventor on a patent application. [read post]
15 Jan 2024, 7:48 am
Many pending cases had no update, but we can expect the courts to now be back in full swing going into the heart of winter. [read post]
15 Jan 2024, 3:29 am
On AG Szpunar’s Opinion in Case C-801/22 P BASMATI was the first of the appeals to the CJEU in the three „Brexit cases“. [read post]
