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17 Oct 2014, 7:23 am
Briefly: At Slate, Mark Joseph Stern discusses Williams-Yulee v. [read post]
16 Oct 2014, 6:00 am
The ITC is most appropriate for consumer goods. [read post]
13 Oct 2014, 5:44 am
Similarly, that Radiance’s Web site is aimed partly at making money — a property the site shares with nearly all newspapers, magazines, books, movies, and other fully protected materials — does not make Radiance’s political commentary “[c]ommercial use of a mark” under § 1125(c)(3). [read post]
11 Oct 2014, 9:45 am
Why aren’t good plaintiffs’ confusion surveys evidence that people are identifying a mark with a source, not just recognizing it? [read post]
10 Oct 2014, 12:51 pm
Use of the whole mark doesn’t matter; strength of the mark favors defendant; etc. [read post]
8 Oct 2014, 5:53 am
The USPTO refused to register the mark L.A.M.B. for “[c]lothing, namely, jackets, blazers, dresses, skirts, sweaters, jeans, scarves, tops, cardigans, camisoles, shorts, and bustiers; footwear; and headwear,” finding the mark deceptive for the goods under Section 2(a). [read post]
7 Oct 2014, 11:49 am
in which the General Court stated that the goods can be considered as identical when the goods designated by the earlier mark are included in a more general category designated by the trade mark application or when the goods designated by the trade mark application are included in a more general category designated by the earlier mark. [read post]
7 Oct 2014, 8:02 am
A trademark or service mark is used by the owner of the mark on his or her goods or services, whereas a certification mark is used by persons other than the owner of the mark. [read post]
6 Oct 2014, 4:28 am
Likelihood of Dilution: The Board ruled that the term "famous mark" in Section 43(c)(2)(B) is applicable to a "famous family of marks. [read post]
1 Oct 2014, 8:11 am
The EEOC is still fighting some of the same major cases that it filed during the high-water mark for filings. [read post]
1 Oct 2014, 3:46 am
Applicant sought registration under Section 2(f), contending that its prior registration of a similar mark (Rule 2.41(b)), its long and continuous use of the applied-for mark, high sales figures, and evidence of infringement of its mark by competitors constituted a prima facie showing of acquired distinctiveness. [read post]
29 Sep 2014, 5:52 am
He didn’t think these charges were any good and wanted me to take a look at the case. [read post]
23 Sep 2014, 3:08 am
In a rare Section 2(b) decision, the Board reversed a refusal to register the mark shown below, for various goods and services, finding that the mark does not consist of or comprise the flags of the United States or foreign nations. [read post]
22 Sep 2014, 12:12 am
C: Rob Petershack, Trademark Bullies to be Studied, WTN News, Oct. 10, 2010; see also. [read post]
17 Sep 2014, 11:16 am
To mark “Equal Pay Day” on April 8, 2014, President Obama signed EO 13665 (79 FR 20749-20750), entitled “Non-Retaliation for Disclosure of Compensation Information. [read post]
16 Sep 2014, 1:17 pm
See Judgment in Apple Inc. v Deutsches Patent- und Markenamt, C-421/13, paragraph 17 [10 July 2014]. [read post]
15 Sep 2014, 3:07 am
Our good friend Alberto Bellan has been kept particularly busy in composing this weekly round-up (our eleventh) of blog posts which you may have missed if you were away last week. [read post]
10 Sep 2014, 11:06 pm
Nothing inherently wrong with learning about good and evil. [read post]
10 Sep 2014, 2:13 pm
Clarity, brevity, honesty, and civility are the four most important characteristics of a good appellate brief. [read post]
10 Sep 2014, 2:13 pm
Clarity, brevity, honesty, and civility are the four most important characteristics of a good appellate brief. [read post]
