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25 Apr 2011, 7:43 am by Rebecca Tushnet
., encouraging parties to adopt inherently distinctive/fanciful marks, which we promote by theoretically giving more protective to inherently distinctive marks. [read post]
30 Jun 2015, 4:13 am by Rebecca Tushnet
But also makes clearer what the functions of a TM are and you may avoid overprotection/protect only when there’s a real likelihood of harm. [read post]
18 May 2016, 4:18 pm by Ron Coleman
Nominative use involves using the mark at issue as a mark to specifically invoke the mark? [read post]
27 Sep 2011, 11:06 am by Daniel Corbett
  The mark is valid; actual ownership of the mark is, for this purpose, not relevant. [...] [read post]
23 Jun 2008, 1:34 pm
_______________________________________CHAPTER 1 - Concepts of Trademarks and Unfair CompetitionOn balance, do you see either benefit or harm from encouraging the public to perceive products as materially different from each other? [read post]
15 Apr 2012, 6:55 am
The trade mark has a priority date of 21 April 2011 based on an earlier European Community Trade Mark Registration (No 009913195). [read post]
3 Aug 2010, 5:34 am
This Kat believes that this type of threatening conduct by large corporations can actually be more damaging to the reputation of their overall brand than the harm a small business name would actually cause to their trade marks. [read post]
30 Jun 2008, 10:00 am
Precedential No. 24: TTAB Affirms Genericness Refusal of "BOND-OST" for Cheese TTAB Reverses Genericness Refusal of "DIGITAL OILFIELD" for B-to-B E-Commerce ServicesOwnership:TTAB Summary Judgment: Applicant Admittedly Was Not the Owner of the Mark at FilingPhantom Mark: Precedential No. 25: TTAB Affirms Refusal of Mark Having a Phantom ElementProcedural Issues: TTABlog Practice Pointer: Failure to Answer Admission Requests May Be Harmful to… [read post]
18 Feb 2022, 4:00 am by Anna Price
After publication, individuals who believe they will be harmed by the trademark registration have a limited amount of time during which they may initiate proceedings to contest it. [read post]
25 Apr 2011, 12:10 pm by John Alan Doran
However, it does mean that the EEOC needs to appreciate that when its litigators drag an otherwise blameless employer through years of investigation and litigation, they do harm to the employer, the economy, the courts, and our civil justice system as a whole. [read post]
10 May 2024, 9:00 am by Public Employment Law Press
Removal projects have included the use of benthic matting/barriers over EWM beds, which have proven effective at smothering and containing EWM, but which are also indiscriminate killers of other native aquatic plants and may also harm animals living in or on the lakebed being covered. [read post]
17 Jul 2017, 6:46 am by Graham Smith
In any event that is the implication of statements in the judgments that Datalink's activities outside Canada had breached that order.Parenthetically, a previous judgment of the Canadian Supreme Court (Pro Swing) counsels the need to be explicit about the territorial scope of injunctions when dealing with the internet and territorially defined rights such as trade marks:"The Internet component does not transform the US trademark protection into a worldwide one. [read post]
10 May 2024, 9:00 am by Public Employment Law Press
Removal projects have included the use of benthic matting/barriers over EWM beds, which have proven effective at smothering and containing EWM, but which are also indiscriminate killers of other native aquatic plants and may also harm animals living in or on the lakebed being covered. [read post]
17 Jul 2017, 6:46 am by Graham Smith
In any event that is the implication of statements in the judgments that Datalink's activities outside Canada had breached that order.Parenthetically, a previous judgment of the Canadian Supreme Court (Pro Swing) counsels the need to be explicit about the territorial scope of injunctions when dealing with the internet and territorially defined rights such as trade marks:"The Internet component does not transform the US trademark protection into a worldwide one. [read post]
25 Sep 2016, 9:30 pm by Amy Sinden
Riverkeeper, upholding EPA’s cooling water rule for power plants, marked the first time the Court had ever upheld an environmental agency’s use of CBA. [read post]
19 Aug 2011, 1:47 am
With respect to cybersquatting, the experts note, “In addition to harm in the form of increased search costs consumers may suffer more direct harm from increased cybersquatting. [read post]
1 Oct 2021, 11:44 am by karen
Mark Zuckerberg and his fellow executives at Facebook and Instagram, as well as their Big Tech counterparts, now form such a “power elite. [read post]
8 Jun 2014, 6:27 pm by Omar Ha-Redeye
” The extent of the harm need not be anticipated, but the kind of harm must have been intended or known to be substantially certain to follow. [read post]
20 Oct 2009, 10:21 am
These case summaries were provided courtesy of Mark Friedman of the New Jersey State Office of the Public Defender. [read post]