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1 Dec 2016, 3:16 am
That argument, however, was rejected nearly 50 years ago in In re Stellar Int'l, Inc., wherein the Board ruled that "commerce" under the Lanham Act must necessarily refer to "lawful commerce. [read post]
12 Mar 2024, 4:38 am
The Board observed that, under Section 45 of the Trademark Act, a service mark is in use in commerce "(1) when it is used or displayed in the sale or advertising of services; and (2) the services are rendered in commerce .... [read post]
1 Feb 2017, 8:09 am
I have more sympathy in principle than he appears to have for using the dormant commerce clause to restrain discrimination against interstate commerce, but the excerpts I’ve read from his concurring opinion in Direct Marketing Association v. [read post]
4 May 2017, 11:55 am
To qualify for a Federal trademark, the mark must be in use in interstate commerce. [read post]
14 Dec 2014, 12:48 pm
Illinois Commerce Commission, Division 2 of the First District Appellate Court affirmed an order of the Commerce Commission. [read post]
30 Oct 2020, 7:58 am
At that time, the roles of Commissioner for Patents and Commissioner for Trademarks were pushed down as appointments by the Secretary of Commerce (with 5-year terms). [read post]
30 Oct 2020, 7:58 am
At that time, the roles of Commissioner for Patents and Commissioner for Trademarks were pushed down as appointments by the Secretary of Commerce (with 5-year terms). [read post]
14 Jan 2020, 4:41 am
"The Board found no basis "for finding that Respondent’s activities were not those which would be taken by a reasonable business with a bona fide intent to commence use of a mark in U.S. commerce. [read post]
17 Nov 2019, 7:06 pm
The process starts with a Commerce Department report to the President. [read post]
2 Aug 2024, 4:51 am
Dormant Commerce Clause The court evaluated the claim under the dormant Commerce Clause, which prohibits states from enacting legislation that discriminates against or excessively burdens interstate commerce. [read post]
19 Oct 2017, 2:50 am
It does not encroach upon fundamental rights and freedoms, and leaves intact the safe harbour for hosting in Article 14 of the E-Commerce Directive. [read post]
31 Mar 2019, 9:24 am
He ultimately resisted as dispositive the rhetorical framing of the constitutional debate by opponents of the minimum coverage provision as either Commerce Clause legislation or unconstitutional. [read post]
9 Oct 2012, 9:16 pm
Justice O'Connor writing for four justices and advancing a "stream of commerce plus" theory, would have held that a manufacturer had to do something more than merely placing a product into the stream of commerce to trigger minimum contacts with a forum state. [read post]
17 Apr 2014, 9:40 am
To be sure, the higher-profile commerce power continues to attract an enormous amount of judicial attention and scholarly commentary. [read post]
3 May 2019, 4:23 pm
[Comment – this is what the Examination Guideline states regarding use-in-commerce , but I’ve personally reached out to the PTO regarding this point as it seems that if the applicant is amending the filing date, but the applicant can claim use-in-commerce as of that December 20, 2018 filing date, then why can’t the applicant leave the application basis as Section 1(a) use-in-commerce based on the new filing date … to be continued.]Applicants will… [read post]
7 Sep 2021, 11:51 am
The flowchart submitted with the patent describing how the e-commerce surveillance system would work. [read post]
26 Jun 2024, 3:04 am
That provision includes a requirement that an applicant declare that it has a bona fide intent to use the mark in commerce. [read post]
6 Oct 2017, 3:23 am
Similarly, services need not be rendered in more than one state to satisfy the use-in-commerce requirement. [read post]
7 Oct 2010, 4:55 pm
The Supreme Court has consistently rejected claims that individuals who choose not to engage in commerce thereby place themselves beyond the reach of the Commerce Clause. [read post]
9 Sep 2010, 12:27 pm
After a quiet August recess in Washington, DC, it’s time to refocus our efforts on public policies that impact online commerce. [read post]
