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22 Nov 2010, 5:52 am by Rebecca Tushnet
For example, Paragraph 18 stated that All Authentic offered a counterfeit “Steel Curtain Custom Limited Edition Steelers Jersey” using numbers and colors associated with the Steelers and that “[t]he Steelers have strong common law rights in the mark ‘Steel Curtain’ and own a state registration for the mark “Steel Curtain … Pittsburgh Steelers. [read post]
15 Nov 2010, 8:31 am by Steve Hall
Texas Observer editor Bob Moser posts, "Blood on Our Hands: Why the Jones Case Matters. [read post]
10 May 2009, 4:33 pm
“Just being offensive or objectionable doesn’t get it taken off Facebook. [read post]
20 May 2014, 7:15 pm by Richard M. Re
It's time to talk about what really matters:  the underrated use of exclamation marks in Supreme Court opinions. [read post]
12 Jan 2025, 4:26 am by SHG
High marks are for excellence, not grit. [read post]
11 Nov 2016, 8:23 am by Rebecca Tushnet
As a matter of law, Tropper wasn’t vicariously liable for copyright infringement. [read post]
3 Aug 2016, 7:17 am
In thirteen percent of the examined cases they weren’t using the marks at all. [read post]
12 Nov 2024, 5:54 am
The individual is wearing a t-shirt with a design that is not featured in the mark drawing, and the gloved hands are not shown. [read post]
7 Jan 2020, 1:58 am
Therefore, the decision could not stand, and the matters were reconsidered.Consent and second-hand salesBoth parties agreed that there was no express consent but the Applicant argued that there was implied consent (relimg on The Sunrider Corp v OHIM EU Case T-203/02 as establishing that implied consent would qualify). [read post]
5 Feb 2009, 1:39 am
  I didn't get a Christmas card from him (of Avvo, for that matter). [read post]
2 Jan 2025, 7:29 am
" Moreover, the mark "lacks any additional fanciful, arbitrary, or suggestive matter. [read post]
28 Oct 2013, 8:16 am by Steve Baird
Unfortunate, because this permission is frequently abused, especially by less experienced trademark counsel, or perhaps when the strength of a case doesn’t seem like enough without injecting an unhealthy dose of emotion into the matter. [read post]
25 Nov 2008, 12:00 pm
" "[T]he view must still provide substantial, additional details to complete the image of the flag of Canada. [read post]
28 Jun 2009, 6:29 am
So no, I mean, there are situations where the court obviously has to resolve, as a legal matter, issues that are of great political significance. [read post]
13 Aug 2020, 7:53 am by Rebecca Tushnet
” Strength:  the court bungles conceptual strength (conflating suggestive and descriptive), but it doesn’t matter because (a) there’s not much evidence of marketplace strength and (b) it doesn’t matter anyway because this is a labeling case [the court doesn’t say (b) outright but it’s true]. [read post]
27 Dec 2023, 7:00 am
ADMINISTRATIVE PROCEEDING WAS FILED SOME 8 DAYS LATEWhen MF requested a religious accommodation from the NYC Board of Education’s vaccination mandate, not only was she denied same on March 7, 2022, by the City of New York Reasonable Accommodation Appeals Panel, but her subsequent challenge, filed with the New York County Supreme Court pursuant to CPLR Article 78, was similarly rebuffed.On appeal, the Appellate Division, First Department, noted that MF’s Supreme Court proceeding was… [read post]
9 Sep 2013, 5:01 am by Rebecca Tushnet
”  Pleading facts indicating that a mark is well-known doesn’t suffice. [read post]
4 Nov 2013, 5:01 pm by oliver randl
The decision was based on the request filed on October 31.The Board of appeal found that the applicant’s right to be heard had been violated:Fundamental deficiencies[3] The appellant contests the decision of the ED essentially for both procedural and substantive matters. [read post]