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7 Aug 2018, 11:59 am
Often, when we imagine a dog bite injury, we think of small puncture wounds and a typical bite-mark pattern on an arm or leg. [read post]
17 Aug 2018, 11:02 am
When people imagine a dog bite, they usually picture a classic bite-mark pattern of small puncture wounds on either a leg or an arm. [read post]
1 Aug 2017, 11:46 am
In light of the limited and focused nature of the proposed markings, the court will grant the motion. [read post]
28 Jan 2013, 6:04 am
” With regard to the the false marking claim, the court also adds that the defendant had failed to plead competitive harm, which is now a core element of false marking under the Leahy-Smith America Invents Act of 2011 [read post]
24 Feb 2010, 6:49 pm
" - Mark, you are such an idiot. [read post]
1 Aug 2010, 5:11 am
The government also goes to great lengths to warn us about other potentially harmful situations. [read post]
14 Oct 2013, 6:08 am
Alternatively, dilution from tarnishment occurs when similarity between the two marks harms the reputation of the original mark. [read post]
26 Oct 2010, 7:21 pm
” BBC Article on Gap’s disastrous decision to change its famous stylized word mark to something that looks like it was created in about 2 minutes using a simple word processor font and unimpressive graphic – and stories of other logo redesigns. [read post]
6 Jul 2020, 8:08 am
Intertek Testing Servs., 801 F.3d 347, 360-61 (3d Cir. 2015) as “holding a NRTL [nationally recognized testing laboratory] responsible for negligent misrepresentation because it ‘subjectively knew of, and consciously disregarded, a risk of harm’ due to faulty testing”), and Idaho Potato Comm’n v. [read post]
1 Jul 2010, 3:01 pm
The then deciding board found that the contrasting markings were not technical features, as the explanation provided in the application for the deterring effect was only a theory (the animals had a built-in instinct which warned them that other creatures bearing dark and light colouring were harmful and should be avoided), although it provisionally accepted that the markings had an effect on the animal seeing them. [read post]
26 Jul 2021, 10:06 am
Due to the alleged harm of the sales of unauthorized products bearing the Delta Marks, Delta is seeking injunctive relief and enhanced damages for trademark infringement pursuant to 15 U.S.C. [read post]
31 Oct 2011, 5:49 pm
In other words, the delay caused harm to the defendant, and thus bars the owner's ability to sue the defendant for infringement. [read post]
7 Feb 2012, 1:59 am
X-MARK technology can also be used to detect other harmful bacteria and toxins, such as tuberculosis and anthrax. [read post]
27 Mar 2023, 4:35 pm
Speaking of Silicon Valley's lying problem, Mark reminds us that social media is absolutely immune for false user speech, even after it gets notice that the speech is harmful and false. [read post]
7 Nov 2022, 8:52 am
A “marked departure” from normal driving behaviour requires more than just a momentary lapse of attention in an otherwise good driver. [read post]
10 Jan 2012, 8:43 am
There is no evidence that the Respondent had actual knowledge of the Complainant’s mark. [read post]
2 Jun 2012, 9:50 am
” The complaint cites other examples like the use of iPhone (similar to Cisco's iPhone), the iPad (to which a trademark application has been filed by Fujitsu Frontech North America), iAds (a trademark owned by Innovative Media Group), and now iCloud as evidence that Apple regularly tramples on the marks of others.In addition, iCloud Communications has put forward a reverse confusion argument that "due to the worldwide media coverage given to and generated by Apple's… [read post]
31 Oct 2011, 5:49 pm
In other words, the delay caused harm to the defendant, and thus bars the owner's ability to sue the defendant for infringement. [read post]
14 Sep 2012, 6:41 pm
On appeal, Louboutin argues that the District Court erred in (1) holding, based on the doctrine of “aesthetic functionality,” that the Red Sole Mark was not entitled to legal protection; (2) applying the doctrine of aesthetic functionality to hold that a single color on a fashion item could not act as a trademark; (3) failing to give weight to the statutory presumption of validity deriving from the Red Sole Mark’s registration; (4) applying an improper analysis of… [read post]
6 Jul 2020, 8:08 am
Intertek Testing Servs., 801 F.3d 347, 360-61 (3d Cir. 2015) as “holding a NRTL [nationally recognized testing laboratory] responsible for negligent misrepresentation because it ‘subjectively knew of, and consciously disregarded, a risk of harm’ due to faulty testing”), and Idaho Potato Comm’n v. [read post]
