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5 May 2023, 3:39 am
Lipman Brewing Company, LLC, Serial No. 88209633 (May 3, 2023) [not precedential] (Opinion by Judge Michael B. [read post]
20 Aug 2007, 2:06 pm
You may have seen the story over the weekend about the guy who's developed a program that can quickly identify where all the edits on Wikipedia are coming from. [read post]
2 Feb 2021, 6:11 pm by Kevin
Hearing what Apple CEO, Tim Cook had to say in a recent speech in Brussels marking International Data Privacy Day has me rethinking the delivery of journalism via algorithms – particularly legal journalism, which is primarily blogging today. [read post]
22 Mar 2011, 2:29 am by gmlevine
These factors are considered in conjunction with all of the evidence and the nature of the claimed mark (i.e. whether it may be generic or descriptive). [read post]
19 Jun 2017, 11:38 am by James Hastings
  And if as the Court states, that “speech may not be banned on the ground that it expresses ideas that offend,”it seems that this may open up a Pandora’s box into other marks that may be deemed to be “scandalous or immoral” under The Trademark Act as noted by Jess Collen in his Forbes article. [read post]
19 Jun 2017, 11:38 am by James Hastings
  And if as the Court states, that “speech may not be banned on the ground that it expresses ideas that offend,”it seems that this may open up a Pandora’s box into other marks that may be deemed to be “scandalous or immoral” under The Trademark Act as noted by Jess Collen in his Forbes article. [read post]
10 Feb 2022, 11:17 am by Caitlin Lentz
  However, if licensure is a requirement of enrollment and the provider surrenders their license, the provider needs to move to deactivate her privileges in that state, which can usually be done by resubmitting the CMS enrollment form marking the appropriate box. [read post]
23 May 2007, 5:06 am
ToroHead Inc., 61 USPQ2d 1164 (TTAB 2001).Focusing on the issue of blurring, the Board noted that it may consider all relevant facts, with the Lanham Act providing guidance as to certain factors that may be considered: including (i) the similarity of the marks; (ii) the degree of inherent distinctiveness of the famous mark; (iii) the extent of exclusive use of the famous mark; (iv) the degree of recognition; (v) the intent of the alleged diluter; and (vi)… [read post]
24 Apr 2007, 7:17 pm
A false statement regarding use, even if innocent, may well affect third parties who search the PTO database. [read post]
24 Sep 2008, 10:30 am
Applicant's mark may evoke or bring to mind opposer's mark does not itself necessarily compel a finding of likelihood of confusion as to source. [read post]
5 Feb 2010, 5:00 pm by Kevin
Our auto accident lawyers have kept a close eye on the Toyota recalls ever since off-duty California Highway Patrolman Mark Saylor and three member of his family died in a fatal car accident when the accelerator on his rented Lexus became stuck. [read post]
14 Nov 2012, 7:32 am by James Stewart
The potential impact of the rules goes further - unless the Registrar takes it upon itself to protect the unauthorised use of the name/ image/ colours of a horse by registering the relevant trade marks and pursuing people who infringe upon those trade marks, the value of any intellectual property with respect to the horse will be dramatically reduced and may even be lost. [read post]
20 Sep 2016, 2:44 am
The Board dismissed respondent's fraud defense since the validity of a pleaded registration may be attacked only via a counterclaim for cancellation. [read post]
3 Jul 2013, 7:40 am
  While federal registration of a trademark has advantages, trademark protection may also be acquired by being the first to use a mark in commerce. [read post]
23 Oct 2015, 3:43 am
Applicant did not dispute that Carolina is a geographic location.Applicant contended that the term SUMMER HUMMER is inherently distinctive, and so its mark may be registered on the Principal Register. [read post]
7 Aug 2024, 4:17 am
Allbright has been selling goods under its mark via a website that U.S. consumers may access and it filed its first application 11 years ago. [read post]
24 May 2011, 2:46 am by John L. Welch
The fact that 'an' in the registered mark may suggest 'and,' whereas 'er' in the application has no apparent meaning is of little significance. [read post]
1 Dec 2020, 6:57 am
  Applying the above-mentioned factors, it found that “the structure of the mark THE MERRIWEATHER, in the context of an uncommon name and one with other meanings, is such that consumers may not perceive it as primarily merely a surname. [read post]