Search for: "In Re Adoption of TM"
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11 Feb 2019, 2:03 pm
Benefits for potential registrants: you can look at what you’re doing and almost any part of it could be a TM so you go from there.Not every common law country has functionality (e.g., NZ). [read post]
10 Oct 2014, 12:51 pm
Hard to get too far based just on equity.Hunter: not equity; why we’re ok w/merchandising right, which seems contrary to stated aims of TM law. [read post]
24 Feb 2023, 4:39 pm
Courts could very well adopt a property frame, redefining what TM’s pluralism is about—free riding stories won’t go away, no matter how much people in this room want them to. [read post]
14 Nov 2016, 6:51 am
They might not know they’re confused if they don’t have anything to complain about. [read post]
25 Feb 2019, 12:42 pm
Assume you’re in-house at Delta Airlines. [read post]
18 Feb 2022, 3:30 pm
Meurer: L&E has had little influence over French or German TM law; they’re not better off than we are. [read post]
16 Feb 2018, 11:00 am
TM isn’t just source indicator; it invokes nodes of meaning. [read post]
20 Nov 2010, 7:34 am
Empiricists think they’re having an empirical debate, but they’re deeply normative. [read post]
1 Nov 2006, 4:54 am
See In re Pennington Seed, Inc., No. 06-1133 (Fed. [read post]
9 Feb 2015, 9:58 am
Adopt “interactive” theory of fame. [read post]
11 Aug 2016, 3:41 pm
If they’re trying to hide the fact that they’re running ads, mission accomplished. [read post]
19 Feb 2021, 2:30 pm
We have to recognize we’re not starting from scratch. [read post]
7 Aug 2014, 12:21 pm
Instead, a moral sense that TM owners and not some third party deserve the results of their labor, absent some justification. [read post]
24 Feb 2024, 1:10 pm
TMs may not matter as much with these other proxies, but they’re also noisy proxies. [read post]
15 Apr 2019, 6:22 am
In particular, TM can resist importation from other doctrines by contesting how much definitions even matter. [read post]
5 Dec 2019, 10:43 am
Italy abandoned separability, which we adopted. [read post]
10 Dec 2006, 7:48 am
And why are TM owners bothering to bring cases? [read post]
28 Feb 2014, 10:06 am
You can say the local producer didn’t need to adopt the mark, but at least in cases of innocence that’s not fully satisfying. [read post]
10 Aug 2017, 12:56 pm
YenWe’re just going round and round. [read post]
9 Aug 2019, 11:34 am
Perhaps surprising: There’s no formal deference at PTO to int’l bodies and their naming of generics: WHO int’l nonproprietary names & US adopted names council. [read post]