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23 Dec 2015, 1:35 pm
Dennis Crouch has a useful rundown of the various opinions in the case. [read post]
10 Jul 2017, 9:11 am
Like many of Mark's best posts, I consider it interesting, provocative, and well worth reading-- even or especially if I disagree with it, as I do in this case. [read post]
18 Oct 2021, 7:49 am
He began using the mark well before that, in 1985. [read post]
26 May 2022, 9:40 am
This Seventh Circuit case (Diane Wood for Manion and Scudder) is weird and I am trying to figure it out. [read post]
13 May 2016, 3:15 am
Land O’ Lakes, Inc., Case No. 15-2815 (7th Cir., Mar. 1, 2016) (Posner, J). [read post]
7 Feb 2010, 9:06 am
Most folks assume the because a ticket was issued that the matter of liability is settled-that is the case, very seldom do tickets do not come in to evidence in a wrongful death case with an 18 wheeler. [read post]
21 May 2019, 1:47 pm
The issue in that case was whether, when a trademark owner/licensor files for bankruptcy, the licensee of the trademark can legally continue use of the mark or whether the trademark owner/licensor can reject its obligations under the licensing agreement and effectively prohibit the licensee’s continued use of the mark. [read post]
5 Jun 2019, 5:00 am
In the case of Watson v. [read post]
28 Oct 2017, 10:03 am
” Justice French On October 17, 2017, the Supreme Court of Ohio heard oral argument in the case Mark Schwartz, Individually and as the Executor of the Estate of Kathleen Schwartz, et al. v. [read post]
29 Sep 2017, 10:53 am
The case was remanded for further proceedings. [read post]
27 Oct 2017, 3:56 am
The registered mark is in standard character form, and so the word "IT" may be displayed in the same lower case letters as the rest of the mark, "thus removing 'it' from the 'information technology' meaning offered by Applicant. [read post]
19 Feb 2020, 4:51 am
In re HD Medical Electronic Products Inc., Serial Nos. 87207915, 87207919, and 87207921 (Feb. 7, 2020) [not precedential] (Opinion by Judge Christopher Larkin).As the Board explained, the key issue in failure-to-function cases is whether the proposed marks would be perceived as source indicators for the applied for goods. [read post]
3 Mar 2017, 3:14 am
Briefs and other papers for these cases may be found at TTABVUE via the links provided. [read post]
14 May 2018, 3:14 am
Because this established a prima facie case of abandonment, the burden of coming forward and rebutting the prima facie showing fell on respondent.To support a finding of intent to resume use, an owner "must do more than simply assert a vague, unsubstantiated intent to make use of the mark at some unspecified time in the future. [read post]
20 Jun 2017, 2:31 pm
The Federal Circuit, hearing the case en banc, reversed, finding that the disparagement clause violated the 1st Amendment. [read post]
5 Jan 2012, 2:32 am
We don't see many cases wherein a defendant, despite a lack of supporting documentation, overcomes a claim of lack of bona fide intent. [read post]
13 Jun 2016, 11:44 am
You may perhaps recall Marks from your old law school days. [read post]
2 May 2018, 1:30 am
Indus., Inc., 465 F.2d 891, 175 USPQ 166, 167 (CCPA 1972).Inevitable Confusion: Generally, in cases where confusion is found to be inevitable, the marks and goods/services are identical or nearly so. [read post]
11 Oct 2015, 2:37 pm
The case details for the opposition proceedings indicate that a defence has not yet been filed. [read post]
13 Jan 2017, 4:44 am
According to established EU case law, a mark needs to have distinctive character in the whole of the EU, and would fail to be registered should it not have it for a part of the EU, even one single Member State. [read post]
