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4 Dec 2013, 5:20 am by Rebecca Tushnet
In a world where we’re departing from that, we should consider congressional purposes. [read post]
27 Nov 2013, 6:37 am by Rebecca Tushnet
Nov. 20, 2013) This VARA dispute makes some interesting moves on irreparable harm—it’s hard to see why courts are still stuck in “copyright/TM harm is irreparable” given what they’re doing elsewhere.Plaintiffs sought to prevent the destruction of their graffiti art on the exterior of defendants’ buildings, which are scheduled for demolition. [read post]
25 Nov 2013, 10:27 am by Ron Coleman
Republished by Blog Post Promoter"TM" this, "TM" that.... [read post]
18 Nov 2013, 1:37 pm by Venkat Balasubramani
Other coverage: defamation via Twitter, TM Infringement via LinkedIN (Rebecca Tushnet) Related posts: Logging Into Someone Else’s Facebook Account and Posting Messages on Their Friends’ Walls Could Be Identity Theft — In re Rolando S. [read post]
14 Nov 2013, 10:51 am by Ron Coleman
If you’re reading this on the Intertubes right now, a state trademark registration isn’t enough for you. [read post]
8 Nov 2013, 9:48 am by Rebecca Tushnet
Slow process of realizing, not in a super activist way, that we can re/create culture. [read post]
22 Oct 2013, 11:39 am by Dan Harris
With respect to TMs, the Chinese TM examination does not take into account whether someone else owns the TM outside of China, or if it is a famous TM outside of China. [read post]
21 Oct 2013, 3:22 am
and Article 40(5) of the proposed Directive re “Designation and classification of goods and services” reads The use of general terms, including the general indications of the class headings of the Nice Classification, shall be interpreted as including all the goods or services clearly covered by the literal meaning of the indication or term. [read post]
27 Sep 2013, 11:37 am by Rebecca Tushnet
Q: conclusions might question the validity of trade dress law, since they’re so inconclusive. [read post]
27 Sep 2013, 9:37 am by Rebecca Tushnet
Discussant: Graeme Dinwoodie, Oxford University The cases at issue could be framed differently; this helps us assess whether we’re surprised by the results. [read post]
27 Sep 2013, 7:50 am by Rebecca Tushnet
Q: we’re thinking about classifying Apple etc. [read post]
20 Sep 2013, 4:44 am by Rebecca Tushnet
Sept. 3, 2013) I’m blogging this case because it has interesting TM/branding implications. [read post]
7 Sep 2013, 2:35 pm by Kelly Phillips Erb
If it goes to moderation because, for example, you’re new here, the time stamp on your comment is what counts. [read post]
21 Aug 2013, 5:57 am by Rebecca Tushnet
However, a plaintiff seeking to protect trade dress in a product line must articulate the elements comprising the trade dress and make clear how they’re distinctive. [read post]
16 Aug 2013, 10:36 am by Ron Coleman
  An “®” indication must appear on all products bearing Princeton’s registered marks and a “TM” on products containing any of Princeton’s marks that are not yet registered. . . . [read post]
11 Aug 2013, 10:35 pm by Steve Baird
Although I haven’t handled Budweiser’s bowtie can yet, I’m thinking it’s probably easier to grip too, but no point going there if you’re Anheuser-Busch, why risk the danger of making grip a selling point, especially if you want to keep your non-traditional trademark options open? [read post]