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11 Feb 2015, 6:44 am by Woodrow Pollack
 However, discovery is still ongoing, and the record is thus not "fully developed. [read post]
12 Nov 2020, 3:24 am
In the absence of such evidence, we find that Applicant has not established its alternative claim that the proposed mark has acquired distinctiveness.Read comments and post your comment here.TTABlogger comment:It seems that the Board almost never accepts mere length of time as sufficient evidence of acquired distinctiveness.Text Copyright John L. [read post]
19 Jul 2018, 4:00 am by Public Employment Law Press
.*** The Court of Appeals also rejected Petitioner's alternative theory, that the City's flu vaccine rules were invalid because they conflicted with the State's Public Health Law and thus violated the Premption Doctrine which expresses "a fundamental limitation on home rule powers" and "embodies the untrammeled primacy of the [l]egislature to act with respect to matters of State concern. [read post]
8 Jan 2020, 3:45 am
On balance, we find that the in-part identity of the services and the similarity of the marks’ commercial impressions outweigh any weaknesses in Opposer’s mark, and that confusion is likely between Opposer’s mark and Applicant’s mark .Conclusion: The Board sustained the opposition to applicant's mark.Read comments and post your comment here.TTABlog comment: Text Copyright John L. [read post]