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4 Dec 2023, 3:39 am
" In sum, while the marks are similar in some parameters examined in the abstract, FIDO has a connotation that FICO does not and has a different second consonant sound (and may also be pronounced by some with a different first vowel sound). [read post]
22 Nov 2023, 4:13 am
Again, if there were an error, it was harmless because the Board stated that it would not change the result.Finally, as to the weighing of the DuPont factors, the court disagreed with Trek's contention that the Board gave too much weight to the dissimilarity of the marks, "especially given the Board's findings that the marks noticeably differed in appearance, sound, connotation, and commercial impression. [read post]
20 Nov 2023, 1:41 pm by Holly
  These registrations can be powerfully relevant to show the weakness of a trademark both conceptually – where a term is so common that it likely has an understood descriptive or highly suggestive connotation – and commercially – where there are so many similar third-party trademarks in use that consumers ignore the mark as an identifier for a single source or mark owner. [read post]
11 Nov 2023, 1:10 am by Jeff Gamso
  But as the name Armistice Day connotes, it's a day to celebrate peace.Or, it was.Because, as Karen Zraick explained in yesterday's Times, "In 1953, Alvin J. [read post]
7 Nov 2023, 3:45 am
" In short, "the marks have their own unique connotations that project separate meanings and distinct commercial impressions. [read post]
30 Oct 2023, 3:52 am
Beginning with the strength of the cited mark, the Board noted the lack of evidence that "drylands” has any meaning or suggestive connotation in connection with wine, and so the Board found the mark DRYLANDS to be arbitrary for wine. [read post]
27 Oct 2023, 4:01 am
The Board, however, determined that "there is a genuine dispute of material fact whether the connotation and commercial impression of the mark for use in connection with clothing is the same as the mark for use in connection with tires and the promotion of sporting events and the like. [read post]
26 Oct 2023, 3:38 am
The Board found opposer's mark STRATION to be entitled to "the typical scope of protection accorded inherently distinctive marks that have not been shown to be commercially strong," [Not sure what that means. - ed.], and the marks "obviously quite similar in appearance, sound, connotation and commercial impression. [read post]
16 Oct 2023, 3:35 am
As to the marks, the Board found them "more similar than dissimilar in appearance and connotation . . . as they both suggest a publication that seeks to improve or better oneself. [read post]
13 Oct 2023, 3:52 am
" With respect to connotation and commercial impression, the Board acknowledged that there are some differences between the marks, since EL IDOLO in Applicant’s mark means “the idol” and CIEN ALMAS in the Cited Mark means “a hundred souls. [read post]
10 Oct 2023, 5:19 am
” The Marks: The Board found the involved marks to be similar in appearance, sound, connotation and commercial impression. [read post]
5 Oct 2023, 4:11 am
" The Board concluded that the marks differ in connotation and commercial impression, and that difference "weighs heavily against confusion. [read post]
27 Sep 2023, 3:48 am
Applicant feebly argued that the connotation and commercial impression of the marks differ because when the ROSE portion of its mark is "considered in the context of coffee, [it] suggests that someone has ‘risen’ after having their coffee, i.e., from the effects of caffeine. [read post]
18 Sep 2023, 7:11 pm by admin
Recently, two lawyers wrote an article in a legal trade magazine about excluding epidemiologic evidence in civil litigation.[1] The article was wildly wide of the mark, with several conceptual and practical errors.[2] For starters, the authors discussed Rule 702 as excluding epidemiologic studies and evidence, when the rule addresses the admissibility of expert witness opinion testimony. [read post]
8 Sep 2023, 4:01 am
The Board found that the term “OFFICIAL” in Respondent’s mark "misdescribes the character of its website services because it connotes that such services are provided with official permission and/or are approved by the government or by someone in authority such as by Petitioner, 'a legislatively-created state authority to oversee and manage Jekyll Island, a state park,' when in fact they are not. [read post]
29 Aug 2023, 3:42 am
The wording “MONSTER ENERGY” in Opposer's marks connotes "a large amount of energy or a creature with a strange or frightening appearance and a high level of energy," further distinguishing the connotations of the marks. [read post]
9 Aug 2023, 3:07 am
Applicant’s and Opposer’s marks are similar only to the extent that they each contain the term BRAINY and connote that using their respective identified goods will result in a smart child. [read post]