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13 Dec 2011, 4:03 pm by James Hamilton
Experience with derivatives-based tax planning suggests at least two areas where such income and deduction shifting is likely to arise, he noted, executive compensation and owner-controlled taxable C-corporations. [read post]
12 Dec 2011, 3:24 am
Deeds, 191 F.3d 540, 547 (4th Cir. 1999) (internal quotation marks omitted). [read post]
12 Dec 2011, 2:45 am by John L. Welch
The Board's recent JUST JESU IT and MOTOWN METAL decisions seemed to waken the Rip Van Winkle of TTAB jurisprudence - Section 43(c) dilution - from its long slumber. [read post]
9 Dec 2011, 6:28 am by Gmlevine
www.udrpcommentaries.comFor a respondent to succeed in showing it is who it says it is it must make an affirmative showing that it “ha[s] been commonly known by the domain name, even if [it has] acquired no trademark or service mark rights” [Paragraph 4(c)(ii) of the Policy]. [read post]
9 Dec 2011, 5:28 am by Rebecca Tushnet
State Farm didn’t provide enough evidence that the situations were so similar that King Sports should have known that it was infringing Cleveland Golf’s marks. [read post]
9 Dec 2011, 5:05 am
 PatLit's David C. [read post]
8 Dec 2011, 11:43 pm by Lara
  The complaint continues: Gumucio and YTTP: (a) do not own Bikram’s IP; (b) have no right, title or interest in or to the Bikram Yoga style and method, including the Marks, the Dialogue, or other of Bikram’s Copyrighted Works; and (c) are not authorized to offer the deceptively named and infringing “Traditional Hot Yoga” class at YTTP at any price whatsoever. [read post]
8 Dec 2011, 11:34 am by Marty Schwimmer
UNFAIR TRADE PRACTICES RELATING TO INFRINGEMENT OF COPYRIGHTS AND TRADE MARKS BY CERTAIN INTERNET SITES. [read post]
7 Dec 2011, 3:28 pm
 Star of the show was Wilhelm Warth (C. [read post]
7 Dec 2011, 8:35 am by David Hart QC
36, At the hearing of the main appeal, I referred to the decision of the Court of Justice of the European Union in Case C-62/00 Marks & Spencer v IRC. [read post]
7 Dec 2011, 6:19 am by William Carleton
The Constitution guarantees protection to property, and we must make that promise good. [read post]
7 Dec 2011, 6:05 am by Ronda Muir
Cravath and others followed suit and even raised S&C, which could possibly happen again.] [read post]
6 Dec 2011, 7:05 am by Christina D. Frangiosa
Department of the Treasury) (§ 111) Regulatory and Policy Improvements re Combating Counterfeiting and Piracy (Subtitle C) Allows CBP to set up regulations about making information and samples of seized goods available to IP owners for purposes of inspection and analysis. [read post]
6 Dec 2011, 6:55 am
Either way, this is not a good start – but perhaps some of the German lawyer readers of this blog will provide some helpful comment. [read post]
6 Dec 2011, 3:00 am by Gmlevine
WIPO Overview 2.0, Question 1.7 requires showing a mark has become a distinctive identifier for a party or its goods and services, such as by evidence of length of use, amount of sales, nature and extent of advertising, consumer surveys, and media recognition of mark. [read post]
6 Dec 2011, 2:08 am by sally
Koninklijke Philips Electronics NV v Lucheng Meijing Industrial Co Ltd and others; Nokia Corpn v Revenue and Customs Comrs (Internationak Trademark Association intervening) (Joined Cases C-446/09 and C-495/09); [2011] WLR (D) 349 “Goods coming from a non-EU state which were imitations of goods protected in the European Union by a trade mark or copies of goods protected in the EU by copyright could not be classified as “counterfeit… [read post]
5 Dec 2011, 7:54 pm
  A counterfeit good imitates through the use of trade marks or other protected properties without the permission of the owner. [read post]
4 Dec 2011, 9:36 pm
 PatLit hosts the maiden post from its new blog team member David C. [read post]
4 Dec 2011, 5:42 pm by Ira Meislik
They can not include point of sale equipment, security systems, counters, display cases, free standing display racks, unattached movable equipment and machinery, goods held for sale to the public, other personal property or trade fixtures. [read post]
2 Dec 2011, 3:20 pm by Eugene Volokh
Many People Have Good Reason to Choose Stun Guns or Tasers as Self-Defense Tools. [read post]