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23 Oct 2018, 3:11 am
" One of those four marks, OUR BOARDS ARE BETTER, is a laudatory mark registered under Section 2(f). [read post]
9 Dec 2008, 11:28 am
He has once again missed the mark. [read post]
30 Sep 2020, 9:07 am
When a product is “properly marked with other patents,” as here, the competitor “must show that the falsely marked patent[ ]” caused its injury and “that—for some reason—the properly marked patent[ ] did not. [read post]
2 May 2019, 4:12 am
In sum, Opposer argues that she is the true owner of the subject mark. [read post]
15 Aug 2014, 1:24 am
Respondent contacted him regarding Respondent’s possible use of the mark, but the mark MYUNDIES had been abandoned for nearly eight years.In response to Petitioner's summary judgment motion,Respondent merely argued that he has been and is using the mark MYUNDIES and has no intention to abandon the mark, and did not commit fraud when he filed the underlying application. [read post]
27 Apr 2022, 4:00 am
As for the marks, the Board found that the distinctive term "COOL CAT" is the dominant element of the cited mark. [read post]
7 Apr 2017, 3:05 am
In a word-plus-design mark, greater weight is typically given to the literal portion of the mark. [read post]
10 May 2017, 2:29 am
" The services are in part identical, but what about the marks? [read post]
7 Mar 2018, 3:23 am
” Even if consumers perceive the "rabbit head design" as a house mark and GND as a service mark, there still would be likely confusion, since addition of a house mark "does not obviate confusion. [read post]
3 Aug 2013, 9:06 am
Mark Litwak was interviewed about the movie industry on the KBeach radio show the Kaine Perspective on August 1.The entire show was recorded and can be listened to: Listen to Radio Interview [read post]
14 Aug 2015, 4:08 pm
Okay, Mark gets referrals from other clients, but did you know he gets them from other lawyers? [read post]
24 Feb 2011, 7:20 am
[U]nlike the FCA, the False Marking statute lacks any of the statutory controls necessary to pass Article II Take Care Clause muster. [read post]
27 Sep 2010, 10:05 pm
” The court also found that plaintiff offered at least some evidence to support its alternative claim that its mark had acquired secondary meaning. [read post]
22 May 2009, 6:12 am
The case indicates that on both trade mark law and article 14, the issues will be referred to the ECJ for a clearer ruling.The judgment is available here. [read post]
12 Oct 2012, 11:06 pm
Mark Goldfarb, after joining the career services team this past March, agreed to sit down with The Cardozo Jurist and has a lot to teach us—about him, OCS, and building our careers. [read post]
20 Oct 2016, 3:27 am
," finding that the mark had acquired distinctiveness. [read post]
8 Jan 2016, 7:48 am
In the same year, Telstra applied to register the colour yellow as a trade mark. [read post]
6 Oct 2013, 3:04 am
The mark was opposed on the grounds that use of the contested mark by MCN could be prevented by virtue of the law of passing off (s. 10(4)(a), Trade Marks Act 1996), that the application was made in bad faith (s. 8(4)(b)) and that there was no bona fide intention for the mark to be used (s. 37(2)). [read post]
21 Dec 2023, 9:00 am
The Court of Appeal's decisionThe Defendants' appeal was, in summary, based on the following two grounds: That it is not necessary for the proprietor of the earlier trade mark to be aware of the registration of the later trade mark in order for time to run: it is sufficient that the later trade mark is in fact registered and that the proprietor of the earlier trade mark is aware of the use of the later trade mark; andWhere the later… [read post]
15 Feb 2008, 8:12 am
Mark P. [read post]
