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24 Jul 2014, 12:30 pm
  As the judge suggests, where a survey may have real value it may well be worth allowing it in, with the weight and eventual value considered once all evidence is presented. [read post]
8 Feb 2018, 3:36 am
 Similarly to the previous Opinion, in fact, the AG appeared to suggest that – while the red sole could not be considered just a colour mark – this trade mark might not fall in concreto (although yes potentially) within the absolute ground for refusal concerning signs consisting exclusively of shapes (or other characteristics) that give substantial value to the goods or services, as per Article 3(1)(e)(iii) of Directive 2008/95/EC.Let’s take a closer… [read post]
26 Apr 2007, 11:40 am
Well, it’s looking like it will be a bit more difficult, on a procedural level at least, for “public authorities” to have their Official Marks published by the Registrar under Section 9. [read post]
30 Aug 2010, 3:35 am by John L. Welch
The Board, however, pointed out for the umpteenth time that the mere descriptiveness determination is not a guessing game and that the proposed mark must be considered in relation to the goods.The proto-typical consumer of our legal test for mere descriptiveness is not blindfolded, but knows full well that applicant is not using the mark in connection with cars, software, phones, etc. [read post]
11 Jan 2007, 9:11 pm
 “We also cannot judge that the Starbucks trademark was well-known at home before Elpreya released its registered trademark to the market.” Justice was swift. [read post]
4 Jun 2019, 12:41 pm by Tom Smith
” via www.city-journal.org Well, at least the CCP got the definition of republican government right. [read post]
6 Dec 2008, 5:35 am
Mark's Construction, Inc., No. 107192, presented the question as to whether the trial court properly denied plaintiff's motion for judgment n.o.v. in action seeking recovery for injuries sustained while plaintiff-firefighter was responding to fire on defendants' construction project. [read post]
12 Mar 2017, 7:33 am by Tom Smith
Now, as the anniversary approaches, their claims have grown increasingly insistent and eye-popping, often migrating into mainstream media accounts as well. [read post]
1 Mar 2008, 8:32 am
Join Speaking of Settlements and you will get all of our new features, totally free, as well as the opportunity to promote your firm or practice on the network. [read post]
5 May 2007, 8:38 am
The sweat level was high, but it scored well on moral superiority: No emissions, little noise, and the only fuel to buy was Gatorade. [read post]
16 Aug 2010, 7:29 am by On the Net
Columbia University Professor Mark Taylor in a New York Times editorial called “Academic Bankruptcy” rips the current state of higher eduction in the U.S. [read post]
3 Mar 2010, 9:29 pm by Lawrence Solum
It reveals that the most well reasoned case (from Canada) take an approach that can be called “constitutional pragmatism. [read post]
29 Oct 2008, 10:26 pm
I am highly sympathetic, but I think it's worth reading if you're likely to disagree, just to see the argument well made. [read post]
7 Mar 2008, 2:27 pm
That Birmingham may not be the only offender doesn’t make it any less, well, unlawful. [read post]
24 May 2017, 8:54 pm by Sabrina I. Pacifici
The National Archives: “This year marks the 100th anniversary of the birth of President John F. [read post]
15 Nov 2012, 9:53 am by Evan Schaeffer
Hardly," by Matthew Salzwede-- [F]or proof that a simple, direct writing style isn’t a newfangled idea, we need only consult some well-known 19th- and early-20th-Century writers and Supreme Court justices. [read post]
12 Mar 2010, 9:42 pm by Shawn Cantley
Tucker and his passenger, Michael Wells, were transported to Regional Medical Center for treatment. [read post]