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25 Aug 2013, 1:44 pm by Larry Catá Backer
(Pix (c) Larry Catá Backer 2013) I have been posting about the development of a new course I have been developing for our first year law school students, "Elements of Law." [read post]
25 Aug 2013, 5:30 am by Barry Sookman
DOES 1-99 ND Illi 2013http://t.co/namjuCtHIZ -> Supreme Court Denies Leave To Appeal In C-Map USA Inc., et al. v. [read post]
22 Aug 2013, 6:00 am by Yosie Saint-Cyr
Such practices may have been instituted with the best of intentions, but we have clearly seen that our leaders don’t always have such good in mind. [read post]
22 Aug 2013, 3:47 am by John L. Welch
The subject admission requests included 32 requests for each of fourteen marks (although The Phillies had pleaded 26 marks in all). [read post]
21 Aug 2013, 4:27 am by Rebecca Tushnet
’”  Seven months later, Fluke’s counsel sent a C&D stating that FLIR’s use of IR FUSION infringed Fluke’s IR Fusion mark. [read post]
21 Aug 2013, 12:42 am
For example, Section 43(a) of the Lanham Act proscribes the "false designation of origin through the wrongful use of another’s trade mark" and courts will look at the following factors: strength of the plaintiff's mark, the degree of similarity between the two marks, the proximity of the products, the likelihood that the prior owner will bridge the gap, actual confusion, and the reciprocal of defendant's good faith in adopting its own mark, the… [read post]
16 Aug 2013, 1:11 am
Coach Services, Inc. opposed an application to register the mark shown to the left below, for eyewear and related goods, claiming a likelihood of confusion with the two marks shown to the right, for admittedly identical goods. [read post]
15 Aug 2013, 3:31 am by Michelle Buhalo
Hopkins' Law of Unfair Trade including Trade-Marks, Trade Secrets, and Good-Will (1900), and more. [read post]
14 Aug 2013, 2:50 am by John L. Welch
H&C Milcor sought to register a product configuration mark for "pipe flashing for use in sealing openings for pipe," but AS Holdings opposed on the grounds of de jure functionality under Section 2(e)(5) and, in the alternative, lack of acquired distinctiveness. [read post]
13 Aug 2013, 10:01 pm by James Andrews
“We want to make sure we come up with a good, evidence-based solution. [read post]
13 Aug 2013, 1:15 pm by WIMS
Court for the Dist. of Columbia, 542 U.S. 367, 380 (2004) (internal quotation marks omitted). [read post]
13 Aug 2013, 4:12 am by John L. Welch
In re T& C Imports, Serial No. 85570200 (July 25, 2013) [not precedential].The goods are legally identical because applicant's "knitting yarns" encompass the goods of the cited registration. [read post]
12 Aug 2013, 12:30 am
 The next instalment of the Case of the Problem that Refuses to Be Solved is taken up by Katfriend Keith Gymer (Page Hargrave), who writes as follows: As is now well known, the CJEU ruling in IP TRANSLATOR stated that: An applicant for a national trade mark who uses all the general indications of a particular class heading of the Classification referred to in Article 1 of the Nice Agreement to identify the goods or services for which the protection of the trade mark… [read post]