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30 Apr 2020, 3:30 am
RStudio, Inc., 105 USPQ2d 1825, 1828 (TTAB 2013) (internal punctuation omitted).A party seeking to restrict a registrant’s broadly worded identification of goods under Section 18 must plead and prove "(1) that the registrant is not using its mark on goods or services that would be excluded by the limitation, and (2) that the limitation would result in the avoidance of a finding of a likelihood of confusion. [read post]
29 Apr 2020, 5:52 am
" Of course, the fact that applicant may be the first and only user does not immunize the mark from being merely descriptive of the services.And so the Board affirmed the refusal.Read comments and post your comment here.TTABlogger comment: So on its face the mark may seem incongruous, but when you drill down to the actual services, maybe not.Text Copyright John L. [read post]
23 Apr 2020, 9:05 pm
PPE should be: (1) disposed; or (2) properly disinfected and stored in a clean location when not in use. [read post]
22 Apr 2020, 8:17 pm
A misdemeanor conviction under the FDCA, unlike a felony conviction, does not require proof of fraudulent intent, or even of knowing or willful conduct. [read post]
21 Apr 2020, 5:00 am
2. [read post]
13 Apr 2020, 4:19 pm
”[2] Opportunistic frivolity by lawyers on both sides of the aisle will lead to business and judicial inefficiencies that may hinder a sound economic recovery. [read post]
9 Apr 2020, 4:26 am
Samara Bros., Inc. [read post]
6 Apr 2020, 4:22 am
Cir. 2018)).Text Copyright John L. [read post]
31 Mar 2020, 9:03 pm
Is FSIS requesting/requiring their employees to report if they have been to a Level 3 country (Level 1 or 2)? [read post]
31 Mar 2020, 4:33 pm
Multistate E. coli O26 Outbreak, Jimmy John’s Restaurants Alfalfa Sprouts 2012 29 Sickened – A total of 29 individuals infected with the outbreak strain of E. coli O26 were reported from 11 states, including: Alabama (1), Arkansas (1), Iowa (5), Kansas (2), Michigan (10), Missouri (3), Ohio (3), Pennsylvania (1), Washington (1), Wisconsin (1), and West Virginia (1). [read post]
30 Mar 2020, 11:39 am
Chase Manufacturing, Inc. v. [read post]
29 Mar 2020, 8:28 am
Multistate E. coli O26 Outbreak, Jimmy John’s Restaurants Alfalfa Sprouts 2012 29 Sickened – A total of 29 individuals infected with the outbreak strain of E. coli O26 were reported from 11 states, including: Alabama (1), Arkansas (1), Iowa (5), Kansas (2), Michigan (10), Missouri (3), Ohio (3), Pennsylvania (1), Washington (1), Wisconsin (1), and West Virginia (1). [read post]
26 Mar 2020, 1:25 pm
Tenn., Inc. v. [read post]
23 Mar 2020, 1:48 pm
John F. [read post]
20 Mar 2020, 6:00 am
" It declined to reach the issues of failure-to-function under Sections 1, 2, and 45, and acquired distinctiveness under Section 2(f). [read post]
17 Mar 2020, 9:05 pm
The new public recommendation posted yesterday by the Food and Drug Administration informs consumers about a recall in recent days of Chicago Indoor Garden red clover sprouts, but it does not mentioned the Jimmy John’s connection that was outlined in a Feb. 26 alert. [read post]
12 Mar 2020, 5:04 am
"] From Judge John Z. [read post]
5 Mar 2020, 1:49 pm
Without admitting or denying the findings: 1) Mayweather agreed to pay $300,000 in disgorgement, a $300,000 penalty, and $14,775 in prejudgment interest; and 2) Khaled agreed to pay $50,000 in disgorgement, a $100,000 penalty, and $2,725 in prejudgment interest. [read post]
5 Mar 2020, 6:40 am
Cir. 1990); Saddlesprings, Inc., 104 USPQ2d at 1950.To overcome the presumption of abandonment, the party must submit evidence of either (1) use of the mark during the statutory period, or (2) activities reflecting an intent to resume (or begin) use during that period. [read post]
4 Mar 2020, 2:18 pm
These scenarios occur when: (1) the company lists its foreign securities on a domestic exchange through ADRs or (2) the company otherwise engages in a domestic transaction of securities. [read post]