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24 Dec 2008, 12:00 pm
"In this case ... opposer has rebutted the presumption of abandonment by showing "reasonable grounds for the suspension and plans to resume use in the reasonably foreseeable future when the conditions requiring suspension abate. [read post]
13 Oct 2006, 4:21 pm
There are two trade-mark cases from the Canadian Courts in September 2006 of interest to readers. [read post]
5 May 2015, 10:39 am
Another Maker’s Mark case is still pending, but darned if Judge Hinkle does not shoot a hole through its heart. [read post]
15 Dec 2010, 9:22 am
Lawyers for Dallas Mavericks owner Mark Cuban continue to press their case that the Securities and Exchange Commission should accept thousands of dollars in private money to help expedite a public records request that the agency said it cannot begin... [read post]
10 Apr 2013, 10:00 pm
San Diego Slip and Fall Lawyer Mark Blane has a FREE legal book for your injury case BEFORE you call a Lawyer - go to www.blanelaw.com today! [read post]
20 Jan 2022, 8:07 am
The parties actually once were bound by a contract, as tends to be true in many of these types of cases. [read post]
13 Oct 2010, 10:37 pm
Mark Osler, who specializes in criminal law at University of St. [read post]
16 Jul 2010, 7:14 am
[I]n this case, [plaintiff] alleges that [defendant] was the party who marked the [accused] products, [defendant] knew its patent was expired, and [defendant] acted with intent to deceive the public. [read post]
15 Nov 2016, 10:00 pm
In the present case, the Trademark Trial and Appeal Board (TTAB) held that "related entities can rely on a family of marks as a basis for a Section 2(d) claim - notwithstanding the fact that the pleaded marks are not all owned by a single entity - if the complaint contains sufficient factual allegations that they are related, and that there is unity of control over the… [read post]
11 Oct 2007, 1:27 am
SC07-1603 MARK DEAN SCHWAB, Appellant, v. [read post]
29 Mar 2016, 12:30 pm
Not too many Irish Trade Mark cases hit the Irish Courts and when they do, the in-depth analysis which the author provides to the leading cases in areas such as passing off (McCambridge v Joseph Brennan Bakeries), genuine use (Compagnie Gervais Danone v Glanbia Foods Society Ltd) and comparative advertising (Aldi Stores (Ireland) Ltd. v Dunnes Stores) is for the practitioner and students alike transcending differing needs. [read post]
11 Feb 2015, 5:21 am
The story seems much creepier than the classic icehouse case, Mitchill v. [read post]
8 Dec 2009, 6:11 pm
An email from Mark: In case list members might be interested, let me say that I've just posted the following forthcoming article on SSRN: A Critique of Congressional Proposals To Permit Modification of Home Mortgages in Chapter 13. [read post]
4 Apr 2017, 3:10 pm
Criminal procedure — Habeas corpus petition — Sentencing by state for federal offense In this case, Mark Lomax, appellant, appeals from the denial of a petition for habeas corpus he filed in the Circuit Court for Allegany County. [read post]
11 Aug 2008, 8:21 am
(The court cited a 1966 6th Circuit case for the proposition that suspension of marking after an adverse interlocutory ruling destroys the ability to recover damages from infringers; it seems wrong and unlikely to be current law for precisely the reasons the court identifies. [read post]
6 Mar 2017, 6:49 am
The Court then summarized the case law regarding the required proof:In addition, according to case-law, although it must be proved that a mark has acquired distinctive character through use throughout the European Union, the same types of evidence do not have to be provided in respect of each Member State (...).Furthermore, the Court has repeatedly held that there was insufficient proof of distinctive character acquired through use of a mark throughout the… [read post]
9 Jun 2023, 3:26 pm
”[4] Justice Kagan cited a number of cases where a mark functioned as a mark and also had parodic content, but all of those cases called for the defendant to “meet an infringement claim on the usual battleground of ‘likelihood of confusion. [read post]
9 Jun 2023, 3:26 pm
”[4] Justice Kagan cited a number of cases where a mark functioned as a mark and also had parodic content, but all of those cases called for the defendant to “meet an infringement claim on the usual battleground of ‘likelihood of confusion. [read post]
2 Jan 2010, 9:16 pm
The court of appeals was apparently concerned that this case shouldn’t establish some sort of boundary for false marking: “No doubt the quantum of proof regarding Forest’s knowledge in this case is quite high. [read post]
11 Dec 2009, 1:01 am
For example, in the Caplets case, Gummow J explained the test for determining use of a trade mark as follows: When the issue is one of infringement, a pivotal question is whether the use complained of is use by the alleged infringer as a trade mark. [read post]
