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31 Jul 2010, 10:51 am
These so-called false marking cases arise from 35 USC § 292, and were given new life thanks to a Federal Circuit decision from December of 2009 --- The Forest Group Inc. v. [read post]
5 Jan 2010, 1:52 pm
The district court only awarded $500 in damages and the CAFC has now remanded the case to the district court to determine the number of articles falsely marked by Forest after the district court's decision and the amount of penalty to be assessed per article. [read post]
15 Mar 2024, 5:34 am
One case (T-117/23) confronted the German mark PARIS BAR and the EUTM application BAR PARIS (unsurprisingly, for class 43 services) as follows: In the other case (T-206/23), the Spanish word mark “SANODIN” protected in class 5 for treatments of inflammations of the mouth was held against the EUTM application “sanoid” applied for goods and services in multiple classes (including class 5) in relation to cannabis products: In BAR PARIS, the… [read post]
7 Sep 2021, 10:15 am
Wyden proposes using book value in these cases, which may be an imperfect proxy for the market value of these contracts. [read post]
21 Sep 2009, 1:07 pm
Clarification is needed to ensure that is indeed the case. [read post]
15 Mar 2011, 8:44 pm
They are extraordinary remedies because they come well before the case is over, which means that an ordinary appeal cannot be taken at that point; appeals are only typically allowed for final adjudications. [read post]
19 Feb 2011, 10:21 am
., 6:10cv58 (2/17/11) Judge: Michael Schneider Holding: Order of Severance As readers know, the typical false marking case involves claims against a single defendant. [read post]
10 Oct 2007, 10:59 pm
http://www.oranous.com/florida/MarkSchwab/replybriefSchwab.htm[www.oranous.com]IN THE SUPREME COURT OF FLORIDA CASE NO. 80289 MARK DEAN SCHWAB, Appellant, Death Warrant Signed Execution Scheduled for November 15, 2007 at 6:00 p.m. [read post]
8 Apr 2015, 6:37 pm
Prachi Kumari The Madras HC in the case of Shamnad Basheer v. [read post]
29 Jan 2018, 2:46 am
Among the examples provided: In re Calgon Corp., 435 F.2d 596, 168 USPQ 278 (CCPA 1971) (both for bath products).A common theme found in these cases is the recognition that "consumers generally do not encounter competing marks side-by-side, where their differences become more obvious. [read post]
26 Feb 2018, 6:02 am
The case at issue concerned trade mark opposition proceedings brought by the luxury brand Gucci (the “Opponent”), based on its registration of the “GUCCI” mark in Singapore in Classes 21 and 35 against the mark in Class 11, applied for by Guccitech Industries (Private Ltd) (“Guccitech”).Whether the GUCCI mark is well-known to the public at large in Singapore Under Section 8(4) of the Singapore Trade Marks… [read post]
17 Dec 2019, 5:45 am
A mark-to-market system would tax accrued gains on assets annually and eliminate the deferral advantage of the current capital gains tax system. [read post]
14 Feb 2019, 6:00 am
Choke Canyon case is a rare glimpse into what happens after a trademark victory in federal court. [read post]
21 Apr 2020, 4:20 pm
In the instant case, Forney’s mark – a black bar followed by a yellow-to-red gradient – could be considered inherently distinctive. [read post]
17 Oct 2013, 9:17 pm
” [Bloomberg Business Week, Bainbridge] Bonus: Jonathan Macey (Yale) on inside trading [video at Bainbridge, discusses Cuban case] Tweet Tags: Securities and Exchange CommissionJury acquits Mark Cuban is a post from Overlawyered - Chronicling the high cost of our legal system [read post]
30 Dec 2009, 3:32 pm
Mark has also set up a resource page for all things about the McDonald case. [read post]
20 Feb 2014, 6:54 am
Is it bad faith to apply for a trade mark you know your business associate is already using in the EU, albeit that he is only exporting goods under that mark? [read post]
29 Apr 2009, 5:00 am
This filing is in response to the SEC’s Law in Opposition to Mark Cuban’s motion to dismiss. [read post]
15 Jul 2018, 5:05 am
There are echoes here of a line of European case law concerning fashion designers, notably Elizabeth Emanuel, who famously designed Princess Diana’s wedding dress, and Karen Millen. [read post]
2 Feb 2018, 2:52 am
In a previous posting by Darren Olivier here, the decision of the American Supreme Court in In re Tam, case 2014-1203 was discussed. [read post]
