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27 Feb 2015, 2:34 am
Regarding the passing-off point, a good place to start is the dictum of Mr Justice Arnold in Och-Ziff Management Europe Ltd & Another v Och Capital LLP & Another [2010] EWHC 2599 (Ch), that “the basis of passing-off is a misrepresentation causing damage to the claimant’s goodwill and there are few a priori limits on what the misrepresentation may be or how the damage may arise: the case in which the defendant’s goods are sold as and for the… [read post]
17 Dec 2015, 5:55 am
Axiom showed that defense counsel, on behalf of defendant Excite Medical, filed an application with the PTO to register “DRX 9000” for medical devices in May 2015. [read post]
15 Apr 2019, 9:01 pm
The PTO may not register immoral or scandalous marks; marks that are deceptive; marks that disparage, falsely suggest a connection with, bring into contempt, or disrepute “persons, living or dead, institutions, beliefs, or national symbols;” governmental flags or coats of arms; “name, portrait, or signature” of a living person (without consent) or of a dead President “during the life of his widow;”… [read post]
27 Nov 2006, 7:10 pm
It is well settled law that just because Applicant may be the first user of the mark GAMESTUDIO doesn't mean the mark isn't descriptive. [read post]
25 May 2011, 6:55 am
The Navy filed two applications for trademarks on May 13th. [read post]
25 Mar 2007, 8:44 am
Mark Steyn has this, and Patterico this, and Mickey this. [read post]
8 Aug 2008, 6:32 pm
Therefore, a party that believes it will be or is being damaged by the registration or continued existence of certification mark may oppose or attempt to cancel the mark's registration. [read post]
3 Jan 2017, 11:38 am
The substantial transformation concept is used by CBP to determine origin in other contexts as well, including for purposes of deciding which country of origin must be marked on a product and determining which tariff rate applies at the time of importation. [read post]
9 May 2012, 1:15 pm
by Jeremy Leaming Although it may make little difference in states bent on barring same-sex marriage, President Obama made a historic announcement today on marriage equality, becoming as TPM notes the “first sitting president to come out in support of legal same-sex marriage. [read post]
26 Jun 2017, 9:02 pm
" Dahlia Lithwick and Mark Joseph Stern have this jurisprudence essay online at Slate. [read post]
8 Jun 2018, 10:39 am
For them, May and June are about getting ready to celebrate graduation and prom night. [read post]
17 Apr 2009, 7:27 am
Last week marked the 10th anniversary of National Work Zone Awareness Week. [read post]
21 Jun 2010, 8:25 am
These items may be checked out by all approved library users.TITLE: Criminal law conversations / edited by Paul H. [read post]
20 Apr 2009, 4:35 am
Janis & Mark A. [read post]
25 Aug 2015, 9:35 am
This may be one of those instances in which the title of a blogpost is more entertaining than the post itself. [read post]
31 Aug 2010, 2:17 am
The Court continues, “[a]s a mark’s fame increases, the Act’s tolerance for similarities between competing marks falls. [read post]
9 Aug 2018, 9:43 am
It is opined that such prior use of a mark before applying for registration may not only show bad faith but may provide evidence of use in the course of trade. [read post]
8 Aug 2022, 2:26 am
A registration may be cancelled if the mark lacks distinctiveness either when registered or at the time of trial. [read post]
7 Aug 2018, 3:28 am
It is opined that such prior use of a mark before applying for registration may not only show bad faith but may provide evidence of use in the course of trade. [read post]
28 Mar 2008, 4:21 pm
This gathering, marking the center’s 10th anniversary, is shaping up to be an extraordinary affair. [read post]
