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11 Jan 2011, 8:33 am by Lorraine Fleck
Rule 28 specifies how parts of a trade-mark may be shaded with lines to describe specific colours, namely red or pink, brown, black, gray or silver, violet or purple, blue, green, yellow or gold, and orange. [read post]
9 May 2013, 11:02 am by Amy Wright
Our Westlaw representative, Mark Cygnet, just announced that Westlaw has decided to extend access to Westlaw for graduating students through November 2013. [read post]
28 Dec 2009, 10:09 am by Justin E. Gray
" While plaintiff argued that this interpretation would encourage "a new cottage industry" of false marking litigation by plaintiffs who have not suffered any direct harm, the Federal Circuit explained that the false marking statute "provides that '[a]ny person may sue for the penalty, in which event one-half shall go to the person suing and the other to the use of the United States' .. [read post]
20 Apr 2013, 2:24 pm
Asking whether an earlier patent, design or copyright protection, once expired, precludes trade mark protection, he offered the thesis that a sign which fulfils the requirements of trade mark law may at the same time qualify for protection as a design or a "work" under copyright law. [read post]
1 Jul 2023, 2:36 am by Katharina Schmid (schmid-ip)
It is settled case law in Austria (4 Ob 19/21d – Absolut, 17 Ob 15/09v – Styriagra), that when using an identical or similar sign, unfair motives may be assumed because of the obvious possibility of exploiting the attention to well-known trademarks. [read post]
12 Feb 2015, 4:02 am
Judging by its online presence this organisation may well be unknown to practically everyone except its members and their most intimate friends and family. [read post]
6 Jun 2009, 8:38 am
That is the first time daily bankruptcy filings have topped the 6,000 mark since the 2005 bankruptcy law was adopted. [read post]
18 May 2009, 3:20 am
18th May: News up on Insite Law – a large update Editor pick of the day 18th May 2009 Guido Fawkes: Rich and Mark’s Monday morning view Human Rights Act will hamper soldiers in action, warns MoD Independent: Split-second decisions could be compromised by a ruling on the risks faced by frontline troops Rise in use of [...] [read post]
8 Jan 2010, 8:39 am by Justin E. Gray
 Interestingly, in the pending appeal concerning alleged false marking of 21 billion Solo Cup lids, the penalty for such marking may range from $21 million to over $10 trillion dollars under the Federal Circuit's formula. [read post]
16 Apr 2014, 6:30 am by Dennis Crouch
Guest Post by François deVilliers, Chief IP Counsel, Plantronics, Inc. 35 U.S.C. 287(a) provides that constructive notice of a patent may be given by marking the patented article with the patent number, and that “In the event of failure so to mark, no damages shall be recovered by the patentee in any action for infringement, except on proof that the infringer was notified of the infringement and continued to infringe thereafter, in which event damages… [read post]
26 Jan 2012, 9:22 am by Benjamin Wittes
I don’t normally agree on detention policy matters with Seton Hall’s Mark Denbeaux–and there’s certainly some rhetoric in this piece in Jurist that I would never use and conclusiosn I do not reach. [read post]
6 Jan 2014, 9:08 pm by Michael Atkins
Foreign owners may not have any trademark rights in the United States. [read post]
1 May 2008, 9:05 am
Holding: Judge Brinkema denied Solo Cup’s motion to dismiss, holding: (1) that, as a matter of law, listing of expired patents may constitute false marking; and (2) the use of permissive language (“may be covered”) in the marking does not create a safe harbor against liability for patent marking. [read post]
16 Mar 2015, 7:40 am
Judge Mark Fuller of Alabama may face ouster after domestic abuse claim": Timothy M. [read post]