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23 Feb 2011, 2:39 pm
Gray on Claims, in conjunction with Docket Navigator®, is providing a false marking chart that is updated daily with new false marking cases as well as status updates on pending cases. [read post]
8 Aug 2012, 12:09 pm
But analyzing bite marks to identify perpetrators of crime has never had any scientific validity, and has been proven incorrect in case after case after so-called experts like West used bite marks to send innocent men and women to jail. [read post]
5 Aug 2008, 4:13 pm
This is to be contrasted with the facts in the STASH Trade Mark case [BL-0-281-04] where the word lacked any prima facie descriptive significance (for clothing). [read post]
29 Jan 2019, 8:02 am
The issues were (i) whether the Defendant’s use was “use as a trade mark”; and (ii) whether the presence of the Defendant’s TRESPASS sign prevented any likelihood of confusion (readers may recall that Nike sought to make a similar argument in the LNDR case).Campbell quickly (and in my view, rightly) concluded that the Defendant’s use would not be regarded by the average consumer as anything other than trade mark use. [read post]
16 Apr 2010, 8:03 am
American Technical Ceramics Corp., 3-08-cv-00335 (CASD April 13, 2010, Order) (Gonzalez, J.)Read more about false marking cases here. [read post]
22 Sep 2023, 2:05 pm
Broker Mark Kemp was reportedly subject to a customer dispute disclosure received in April of 2022 (Case #: 22-00728). [read post]
22 Sep 2023, 2:05 pm
Broker Mark Kemp was reportedly subject to a customer dispute disclosure received in April of 2022 (Case #: 22-00728). [read post]
22 Sep 2023, 2:05 pm
Broker Mark Kemp was reportedly subject to a customer dispute disclosure received in April of 2022 (Case #: 22-00728). [read post]
12 Aug 2008, 11:00 am
"Here, the period of almost four decades of nonuse on automobiles presents a persuasive case for abandonment. [read post]
9 Apr 2017, 11:58 pm
While it "does not necessarily follow that a trade mark which lacks inherent distinctive character can acquire distinctive character as a result of the use of different trade marks with a common feature (such as Apple's "I" family of marks), the MACCOFFEE case had opened the door to this approach in an opposition context. [read post]
7 Apr 2016, 3:38 am
The evidence of subsequent nonuse established a prima facie case of abandonment.Nonuse of a mark due to lack of demand may not constitute abandonment if the owner continues its marketing efforts. [read post]
30 Nov 2010, 2:01 pm
J. 56 (1966) Below are a noteworthy copyright cases found on library databases. [read post]
1 Jun 2010, 2:04 pm
Simonian’s lead is Patent Group, LLC, the second most prolific plaintiff in false marking cases - a distant second to Simonian. [read post]
7 Jan 2011, 10:12 am
Judge Robinson transferred a false marking case where one of the plaintiffs and the defendant are engaged in patent infringement over four of the same patents at issue in the false marking case (even though it was not the first-filed action), the defendant is not a Delaware corporation and maintains only a small market for its goods in Delaware. [read post]
1 Sep 2010, 4:14 am
In New Breed of Patent Claim Bedevils Product Makers , DIONNE SEARCEY covered aspects of the false patent marking issue found in the Federal Circuit case Stauffer v. [read post]
17 Mar 2011, 6:29 pm
” The Court noted that fraud cases generally require the plaintiff to plead in detail “the specific who, what, when, where, and how” of the alleged fraud. [read post]
12 Jun 2022, 3:03 am
The rush to file trade mark applications to capitalize on a trending term or phrase is not new. [read post]
27 Sep 2016, 6:53 am
Marks is a managing partner at Podhurst Orseck PA in Miami. [read post]
25 Apr 2019, 10:27 am
The district court dismissed the case on summary judgment — although not because an unregistered 2.0 is such a weak mark. [read post]
23 May 2012, 3:50 am
Brinkema was not impressed with the trademark infringement case filed by Wag'N Enterprises, a pet-safety company based in Herndon, Virginia, against a California nonprofit known as Redrover. [read post]
