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8 Aug 2013, 11:33 am
§ 1125(c)(2)(C) happens when the reputation of the famous mark is damaged by association with a similar mark. [read post]
8 Aug 2013, 7:57 am by Steve Baird
One of the challenges to gaining the benefit of eternal trademark ownership, registration, and protection for tire tread designs, long-outlasting the expiration of any design patent on the same features, will be convincing the USPTO or a court that the ornamental design for tire tread actually operates as a trademark, to (a) identify someone’s goods, (b) distinguish them from the goods of others, and (c) indicate the source of the goods (even if that… [read post]
7 Aug 2013, 12:02 pm
Practice Tip #1: Color can serve as a useful identifier of the source of goods to consumers. [read post]
5 Aug 2013, 1:33 am
  What Kats do when theyhave just been legalized (c) Legalization of a certified extract from the International Register. [read post]
4 Aug 2013, 5:30 am by Barry Sookman
http://t.co/160adaNUvY -> UK report: Banks let e-criminals pinch gobs of money underneath the law’s nose http://t.co/jlNIImZw44 -> Again, US federal court finds cops don’t need a warrant for cellphone location data http://t.co/6PmLtHiuxq -> FISA court judge: No company has ever challenged Patriot Act sharing http://t.co/DFEe8nKSiQ -> UK High court bans publication of car-hacking paper http://t.co/ReqyoXpjdN -> Senate Judiciary Committee holds hearing on standard-essential… [read post]
2 Aug 2013, 5:51 am by Jim Sedor
While the romance does not violate any rules, it has raised concerns among some good government groups. [read post]
2 Aug 2013, 4:33 am
The claimant, relying on its earlier CTM, felt that the defendant's continued use of the F-word was a trade mark infringement, alleged both use of an identical mark for identical goods and, in the event that the goods or marks were not identical, that there was a likelihood of confusion among relevant consumers. [read post]
31 Jul 2013, 9:16 am by Brian Fletcher
 A certificate presents, among other things, information concerning the holder, the list of goods and services and the designated Contracting Parties at the time of the international registration or its renewal. [read post]
29 Jul 2013, 1:42 pm
Code § 24-5-0.5-3(a)(7) API asks for an injunction; damages of $1,000,000 per counterfeit mark per type of goods sold; the court to order the seizure of Bullseye's counterfeit goods, packaging and related items; the destruction of goods bearing infringing marks; corrective notification to purchasers of Bullseye's goods; treble damages; and attorneys' fees. [read post]
25 Jul 2013, 6:21 am by Rebecca Tushnet
  Action Ink registered THE ULTIMATE FAN in 1985 for “promoting the goods and/or services of others by conducting a contest at sporting events. [read post]
24 Jul 2013, 3:48 am by John L. Welch
The Board agreed with the Examining Attorney that the literal portion of the applied-for mark "is the dominant portion because consumers will refer to applicant's goods using this portion of the mark." [read post]
23 Jul 2013, 1:00 am by Jeremy
Here's some good news from Tunisia: from 16 October the Mediterranean-facing North African republic will be a fully-fledged participant in the Madrid Protocol scheme for the international registration of trade marks. [read post]
22 Jul 2013, 7:11 pm by Juan Antunez
Della–Donna, 583 So.2d 307, 310 (Fla.1989) (citations and internal quotation marks omitted). [read post]
20 Jul 2013, 10:39 am by Larry Catá Backer
(Pix (c) Larry Catá Backer 2013) In his 2004 Storrs Lecture, Gunther Teubner asked:how is constitutional theory to respond to the challenge arising form three current major trends—digitization, privatization and globalization—for the inclusion/exclusion problem? [read post]