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24 Jun 2010, 11:20 pm
” The Trade Marks Act, in turn, defines a “trade mark” as follows: other than a certification trade mark or a collective trade mark, means a mark used or proposed to be used by a person in relation to goods or services for the purpose of distinguishing the goods or services in relation to which the mark is used or proposed to be used from the same kind of goods or services connected in the course of… [read post]
24 Jun 2010, 5:59 pm
Lime Wire LLC (1709 Blog) Eros – Eros file amended complaint against Linden Research alleging infringement of copyright and trade mark based on sale of virtual goods (Patent Arcade) Henley, Don – Can the boys of summer get copyright protection? [read post]
24 Jun 2010, 6:40 am
Staff picks are marked by asterisks. [read post]
24 Jun 2010, 6:29 am
” Interestingly, Judge Stanton went on to cite Tiffany v eBay (2010) (first a summary judgment trade mark case later confirmed by the Court of Appeals) by stating in that case Judge Sullivan held that such generalized knowledge possessed by eBay that some portion of Tiffany goods being sold on its website might be counterfeit was insufficient to impose upon eBay an affirmative duty to remedy the problem. [read post]
23 Jun 2010, 3:01 am
Otherwise, its right or legitimate interest in a domain name is not dependent on its having a trademark but in its using the domain name for a bona fide offering of goods or service “before notice” from the trademark holder [paragraph 4(c)(i) of the Policy]. [read post]
22 Jun 2010, 4:12 am
Did the Gulf oil spill occur because BP was negligent or unlucky? [read post]
21 Jun 2010, 9:57 am
[How interesting that, since the Google AdWord ruling, confusion-like concepts such as 'misled' have entered the vocabulary of same-mark, same-goods infringement, via the concept of the essential function](iii) Is it only the risk that the consumer or end-user might be misled into assuming that the trade mark proprietor is responsible for the repackaging which is of significance in answering Question (i), or are other considerations regarding the trade… [read post]
20 Jun 2010, 11:36 pm
Instead, Chevron, owner of the Texaco trademarks and trade dress, selectively has asserted claims based on three different trademark theories: Federal Trademark Dilution, 15 U.S.C. 1125(c); Minnesota Deceptive Trade Practices Act, Minn Stat 325D.44; and Minnesota Trademark Dilution, Minn Stat 333.285. [read post]
20 Jun 2010, 12:44 pm
§ 1114, the court said that the use of the mark was protected by fair use because the artist used the mark in a descriptive sense and in good faith. [read post]
18 Jun 2010, 12:08 pm
Well, it’s been clear to me for a long time that I pay a price with students when I am unable to simply tell them that they need to know and do “A, B, and C” to get a good grade. [read post]
18 Jun 2010, 9:45 am
Each of these three false marking offenses, however, must be shown to have been done “for the purpose of deceiving the public,” and not merely done as a result a good faith mistake. [read post]
18 Jun 2010, 6:04 am
(Trademark Blog) ICANN’s new global internet security system (IP Watch) Scraping the bottom of the IPv4 barrel for new addresses (Ars Technica) New gTLD draft applicant guidebook, v4 and ‘An Economic Framework for the Analysis of gTLDs’ (Trademark Blog) The branding wars in smart phones (IP finance) Australia Australian government consults on new gTLDs (ipwars) Canada Patenting software in Canada (CanadaPatentBlog) Opening up Canada’s digital economy strategy… [read post]
18 Jun 2010, 2:06 am
Berenson Corp. c/o Babij, Terry, FA0909001283183 (Nat. [read post]
17 Jun 2010, 10:34 am
Everyone agreed that once upon a time a rough global consensus on limited liability, based around the notice and takedown (NTD) paradigm, had been achieved c 2000, with the standout exception of the US’s CDA s 230(c), which provided total immunity to service providers in relation to publication torts, but which was seen in the EU at least as something of a historical accident.Since then, however, twin pressures from both IP rightsholders seeking solutions to piracy, and… [read post]
17 Jun 2010, 6:06 am
C. [read post]
16 Jun 2010, 3:55 pm
C. [read post]
16 Jun 2010, 3:50 pm
Very good briefing on both sides. [read post]
15 Jun 2010, 3:52 pm
C. [read post]
15 Jun 2010, 5:41 am
Second, there was concern about how long it would take to reach the seven-eighths ratification mark. [read post]
15 Jun 2010, 5:28 am
In the consumer class action, the named plaintiff had suffered from Hepatitis C, but was asymptomatic. [read post]
