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4 Apr 2013, 3:48 am by John L. Welch
The USPTO refused registration of the mark SOF under Section 2(e)(1), finding it to be merely descriptive of exercise weights. [read post]
3 Apr 2013, 12:47 pm by D. Daxton White
An alternative method in establishing churning is called the commission to equity ratio (the C/E Ratio). [read post]
2 Apr 2013, 2:42 pm by Bexis
  Social media is not protected from discovery simply because it is marked “private. [read post]
2 Apr 2013, 9:30 am by azatty
Her presentation was the perfect entrée to a lawyer event dedicated to diversity and inclusion. [read post]
1 Apr 2013, 3:19 am by John L. Welch
The Board affirmed two refusals to register a purported mark consisting of the color black applied to packaging for flowers, finding the mark to be aesthetically functional under Section 2(e)(5), and if not functional, then lacking in acquired distinctiveness. [read post]
31 Mar 2013, 9:36 pm by Ken
.; e) Mark Lutz, of Prenda Law, Inc., AF Holdings LLC and/or Ingenuity 13 LLC; f) Alan Cooper, of AF Holdings LLC; g) Peter Hansemeier, of 6881 Forensics, LLC; h) Prenda Law, Inc.; i) Livewire Holdings LLC; j) Steele Hansmeier PLLC; k) AF Holdings LLC; l) Ingenuity 13 LLC; and m) 6881 Forensics, LLC. [read post]
29 Mar 2013, 2:00 pm by Bexis
In honor of the Pennsylvania Supreme Court's recent grant of an appeal on the Restatement (Second)/Restatement (Third) in Tincher v. [read post]
29 Mar 2013, 1:13 pm by WIMS
    E&C Committee Ranking Member Henry Waxman (D-CA) issued a statement saying, "This proposal makes sense and should be finalized as soon as possible. [read post]
28 Mar 2013, 6:31 am by Daniel E. Cummins
    THE FUTURE IS NOW:  Computer-powered case presentation may be a necessity to persuade today’s juries   by Daniel E. [read post]
21 Mar 2013, 10:15 am by Ron Coleman
 John asks how broadly this decision should be taken, besides being precedential. [read post]
20 Mar 2013, 3:23 pm by Howard Knopf
After the “first sale”, the copyright owner’s rights in the physical object are “exhausted” – hence the frequent reference to the doctrine of “exhaustion”.In other words, copyright law will not be available to do what trade-marks law has also failed to do, which is to serve as a tool of international trade control, price discrimination, market segmentation and restraint of trade with respect to legitimately made goods for which the copyright… [read post]
20 Mar 2013, 3:23 pm by Howard Knopf
After the “first sale”, the copyright owner’s rights in the physical object are “exhausted” – hence the frequent reference to the doctrine of “exhaustion”.In other words, copyright law will not be available to do what trade-marks law has also failed to do, which is to serve as a tool of trade control, price discrimination, market segmentation and restraint of trade with respect to legitimately made goods for which the copyright owner has been… [read post]
19 Mar 2013, 5:26 pm
’ Second TM attorney: ‘How Nice’". [read post]
19 Mar 2013, 10:44 am
Anyway, we got a spam e-mail message yesterday from a pusher of said trash, and it reveals an interesting strategy: The publishers are enlisting nonprofit youth groups to do their dirty work for them, in exchange for funding of the children's groups' activities: Hello, I am Mark Weyerich, the Yellowbook distribution manager for your area. [read post]