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21 Sep 2010, 10:01 am by Stefanie Levine
  He concluded that Plaintiff Simonian’s complaint adequately stated that Oreck (the who) had deliberately falsely marked (the how), the particular product (the what), the marking was current (the when), within the District and throughout the United States (the where). [read post]
7 Mar 2014, 10:33 am
First, it held that the classification of a mark as figurative was not able to exclude the application of the technical function test, with which all trade marks must comply. [read post]
10 Nov 2016, 7:04 am
 When should this "actual v abstract" test take place and on the basis of what criteria? [read post]
17 May 2012, 9:28 am by David Gans
Today marks the 58th anniversary of the Supreme Court’s landmark decision in Brown v. [read post]
6 Feb 2014, 7:09 am
Red Bull's attempt to invoke trade mark law to stop de Vries ran into difficulty, ostensibly because de Vries was actually using his own trade mark: on 14 July 1983 he had filed a word and image mark 'The Bulldog' for goods in Class 32 (alcohol-free drinks). [read post]
29 Jan 2024, 6:02 am by Alessandro Cerri
  CommentThis decision has reignited the heated debate amongst trade mark practitioners about how trade mark law should apply to the launch of new products which use market leaders as benchmarks, including in respect of product packaging. [read post]
27 Jun 2019, 2:49 pm by Jon Levitan
Amy Howe covered the ruling for this blog; her coverage first appeared at Howe on the Court. [read post]
16 Jul 2020, 1:27 pm
TrademarkBooking.comGeneric NameGeneric Name to ConsumersEvidence of Consumer PerceptionService Mark v. [read post]