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16 Jul 2020, 1:27 pm
(…) Even without federal registration, a mark may be eligible for protection against infringement under both the Lanham Act and other sources of law. [read post]
7 Jun 2010, 1:59 am by John L. Welch
Deceptively misdescriptive marks may be registered under Section 2(f), deceptive marks cannot be - ed.]As to question 1, the Board found it "plausible that dietary supplements could contain aspirin for its cardiovascular and other health benefits. *** Applicant’s dietary supplements do not contain acetylsalicylic acid otherwise known as aspirin. [read post]
19 Mar 2017, 3:00 pm by Will Troutman (US)
This year marks the first year when all companies covered by the Act must publish a statement. [read post]
19 Feb 2020, 2:20 pm by Dennis Crouch
In the event of failure so to mark, no damages shall be recovered by the patentee in any action for infringement, except on proof that the infringer was notified of the infringement and continued to infringe thereafter, in which event damages may be recovered only for infringement occurring after such notice. [read post]
23 May 2014, 3:03 am
Ilyil Entertainment, LLC, Opposition No. 91201657 (May 21, 2014) [not precedential].Fame: Because fame is a dominant factor in the duPont analysis, it is incumbent upon the claimant to clearly prove fame. [read post]
11 Dec 2018, 5:59 am
“Thunder Road” may also be associated with the name of a movie released in 1958 starring Robert Mitchum, the father of Applicant’s principal James Mitchum, or the name of a song by Bruce Springsteen from 1975. [read post]
12 Feb 2024, 3:47 am
While the rhyming pattern employed in Applicant’s mark may assist consumers’ perception of the mark as a combination of both terms rather than just focusing on one, we find no separate distinct overall commercial impression as a result. [read post]
18 Apr 2013, 4:56 am by John L. Welch
Those statements were made in a very different context: an attempt to distinguish the FORZA TECHNOLOGIES MARK over a citation of the mark FORZA for a hydrogen fuel cell power generator.A decision maker "may not consider a party's opinion relating to the ultimate legal conclusion of likelihood of confusion (particularly in another case.) as a binding admission of fact. [read post]
22 Oct 2020, 4:01 am
The Board is not "estopped or precluded from applying the statute because in a prior application an examining attorney (or attorneys) may have overlooked a relevant statutory provision and, perhaps erroneously, allowed an application to register. [read post]
25 Sep 2016, 3:24 am
In principle, officials signs and hallmarks indicating control and warranty may also apply to services, for instance those relating to education, tourism, etc. [read post]
3 Jul 2013, 11:00 am by Shouvik Kumar Guha
This product and TV Commercial was launched in India in May, 2005 promoting the trade mark GILLETTE MAC 3 Turbo. [read post]
3 Sep 2015, 8:19 am by Rebecca Tushnet
The alleged facts may well support the claim that Mirco Virag stands for Virag the mark, but that doesn’t mean that Virag the mark stands for Mirco Virag. [read post]
3 Sep 2021, 8:52 am by Howard Bashman
“Texas abortion law a ‘radical expansion’ of who can sue whom, and an about-face for Republicans on civil lawsuits; Senate Bill 8, which allows anyone to sue anyone who performs or aids in an abortion, marks an unprecedented change to who has standing to bring a lawsuit; The tactic is also an emerging trend in Republican-dominated states that may compromise constitutional rights, some legal experts said”: Erin Douglas of The Texas Tribune has this report. [read post]
11 Jun 2009, 3:03 am
Barry Epstein, Opposition No. 91169029 (May 28, 2009) [not precedential].The Board began with a consideration of Opposer's claim that its AMERICAN GIRL mark is famous for dolls and accessories and that this fame "extends to clothing. [read post]
22 Apr 2010, 2:45 am by John L. Welch
The Board noted that a party may simultaneously move to add an issue and move for summary judgment on that issue. [read post]
29 Dec 2009, 2:55 am by John L. Welch
Although the involved applications were filed based on intent to use, a Section 2(f) claim may be made if "as a result of the applicant's use of the mark on other goods or services, the mark has become distinctive of the goods or services in the intent-to-use application," and if "the previously created distinctiveness will transfer to the goods and services in the intent-to-use application when use in commerce begins. [read post]