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15 Dec 2011, 11:15 am
By the same token, it will dismay trade mark owners by reducing the number of potential targets to sue from among all those who may have contributed to the production of infringing goods. [read post]
10 Apr 2008, 5:00 am
Any similarity resulting from the descriptive term SPORTSMAN'S WAREHOUSE was outweighed by the other logo elements in each mark.Bass Pro's evidence of actual confusion was of little probative value, since it was based on the term SPORTSMAN'S WAREHOUSE and not on the registered marks at issue:"The fact that there may be evidence of confusion due to the concurrent use of a descriptive term is insufficient to warrant a finding that there is a legally recognizable… [read post]
2 Jun 2006, 4:41 am
In re Box Solutions Corp., Serial No. 76267086 (May 23, 2006).The Board first considered the disclaimer issue. [read post]
25 Jul 2008, 11:00 am
" The Board found this mark to be "highly similar" to the applied-for mark. [read post]
9 Jul 2010, 2:05 am
Bumb, Opposition No. 91156452 (June 28, 2010) [precedential].On May 18th, the Board non-precedentially sustained Opposer's opposition to registration of the marks MIDDLE EARTH JEWELRY and ARAGORN for various jewelry items. [read post]
12 Apr 2011, 3:08 am
Applicant conceded that CALIFORNIA is a geographical term and that Applicant is located in California, but it contended that the mark is a unitary term composed of the distinctive word "California" and the suggestive term "Green Clean," and, therefore, that the mark in its entirety is suggestive. [read post]
5 May 2010, 2:33 am
In any case, Applicant did not provide revenue figures for the USA alone,and so it may be that Applicant has not made significant use of its mark in this country.Finally, the Board looked to the 13th du Pont factor: "Any other factor probative of the effect of use. [read post]
30 Sep 2011, 7:48 am
Apple, subsequently, filed an amendment to its application asserting that even though the mark may be descriptive, it had acquired distinctiveness or “secondary meaning. [read post]
26 Jul 2022, 1:15 pm
Editor’s Note: a summary of the likelihood of confusion factors, which is applicable to both trademark cancellation and trademark opposition proceedings, may be found in our post here. [read post]
17 Feb 2010, 4:07 am
A school board may permit public input at a board meeting but there is no statutory mandate requiring that it do soAppeal of Robert Kushner from action of the Board of Education of the East Williston Union Free School District, Decisions of the Commissioner of Education, Decision No. 16,020Robert Kushner, a resident and taxpayer in the Ease Williston Union Free School District filed an appeal with the Commissioner seeking the removal of Ellen Ritz, Joann Kaplan, Robert Freier and… [read post]
12 Jun 2007, 4:46 am
On the contrary, the comparison must be made by examining each of the marks in question as a whole, which does not mean that the overall impression conveyed to the relevant public by a composite trade mark may not, in certain circumstances, be dominated by one or more of its components (see order in Matratzen Concord v OHIM, paragraph 32; Medion, paragraph 29).42 As the Advocate General pointed out ..., it is only if all the other components of the mark are… [read post]
25 Jun 2020, 1:57 pm
He did find the mark descriptive – i.e. it describes the qualities or characteristic of the plaintiffs’ goods or services – but noted that descriptive marks are protectable if they acquire secondary meaning and that whether the mark has gained an association in consumers’ minds is better suited for summary judgment. [read post]
15 Apr 2007, 1:25 pm
Supreme Court, which may mark the first time that the high court's justices decide what may be printed on fake tombstones in your front yard. [read post]
2 Sep 2015, 11:02 am
Yesterday, I noted that the "defense" that emails containing classified information may not have been marked classified was a weak argument for emails received by former SecState Clinton and no defense at all for those written and sent by her. [read post]
29 May 2008, 2:52 am
The triweekly Pennsylvania Evening Post in Philadelphia became a daily on May 30, 1783. [read post]
12 May 2012, 12:28 am
A quick exposition here folks, so if you think you may need to work this out quickly one day, maybe a post to book mark. [read post]
24 Jun 2009, 10:50 am
In some cases, registration of your mark may be refused. [read post]
5 Aug 2020, 7:26 pm
In New York City, it’s as if parts of the Bronx were experiencing the Great Depression while the Upper East Side faced only modest drops in employment, according to Yair Ghitza and Mark Steitz, analysts who have estimated unemployment at the census tract level based on national economic statistics over the last six months…” [read post]
24 Nov 2021, 6:00 am
A new bill proposed by council member, Mark Gjonaj, would make it mandatory for New York City food delivery services to reimburse their workers for any accident related costs that may occur while they are delivering food. [read post]
25 Feb 2008, 8:16 pm
Mark Lunsford, who may sue over his daughter's death, is cheered.2-24-2008 Florida:HOMOSASSA - A 9-year-old girl disappeared from her bedroom and was lost forever. [read post]
