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20 Jan 2011, 1:55 pm by Richard D. Friedman
He reports that it is the prosecutor rather than the defense that most often is unwilling to allow this cost-saving convenience.John did express concern on one point: Too often, he said, defense counsel refuses to stipulate to presentation of a lab report until the witness appears ready to testify; then, counsel, (1) recognizing that the prosecution is able to present the witness live and (2) not really wanting live testimony, stipulates to admissibility of the report. [read post]
12 Feb 2015, 2:53 am
And so the Board sustained the opposition.Read comments and post your comment hereTTABlog note: Oppositions and cancellations based on Section 2(e)(1) mere descriptiveness are not all that common. [read post]
29 Oct 2018, 5:58 am
-- https://imgflip.com/i/kqmu6Text Copyright Kira-Khanh McCarthy and John L. [read post]
6 Apr 2017, 2:59 am
" Thus the issue before the Board involved two questions: (1) Is the Prince of Wales' emblem an insignia of a foreign nation; and (2) if so, does the applied-for mark consist of or comprise that insignia, or a simulation thereof? [read post]
26 Mar 2018, 8:09 am by Law Office of James J. Falcone
If you and I have a contract, and John Doe (not part of our contract) tells you that I’m a bum and will never be able to perform the contract, and convinces you to terminate or breach our contract, Joe Doe may be liable. [read post]
26 Mar 2018, 8:09 am by Law Office of James J. Falcone
If you and I have a contract, and John Doe (not part of our contract) tells you that I’m a bum and will never be able to perform the contract, and convinces you to terminate or breach our contract, Joe Doe may be liable. [read post]
23 Sep 2008, 10:55 am
But as tough as things seem, (1) they may not be as bad for us, (2) some of the developments may actually help us, and (3) this too shall pass. [read post]
12 Mar 2014, 3:59 am
Moreover, because the drawing of the mark did not match the specimen of use, the alternative refusal under Sections 1 and 45 was affirmed. [read post]
20 Dec 2023, 1:27 pm by Matt Miller, Registered Patent Attorney
But, what does it mean and why is it there? [read post]
29 Jun 2010, 1:58 am by John L. Welch
Bush refused registration under Sections 1, 2, and 45 of the Trademark Act on the ground that the specimen does not show use of the applied-for mark as a trademark for the goods. [read post]
24 Feb 2020, 10:01 am by Rebecca Tushnet
Undermine that=no incentive to cut off.Franks: distinguish b/t (c)(1) and (c)(2) [of course if you only had (2) then any failure is held against you if you were correct once before]. [read post]
17 Feb 2021, 3:01 am by Liz Dunshee
SOX Compliance in Pandemic Times Does it seem like everything is taking longer and requiring more planning in pandemic times? [read post]
21 Jul 2009, 1:30 am
Here is the abstract:Existing empirical scholarship about judicial activism has almost exclusively focused on 1) the United States Supreme Court; and 2) actions by the judiciary which invalidate legislative, executive, and state actions. [read post]
19 Jul 2012, 3:43 am by John L. Welch
In this "fairly close" case, the Board dismissed a two-pronged opposition to registration of the mark METRO LIVING & Design for real estate brokerage serves, finding that Opposer had failed to meets is burden to prove mere descriptiveness under Section 2(e)(1) or geographical descriptiveness under Section 2(e)(2). [read post]
22 Apr 2014, 2:57 am
The Board affirmed a Section 2(e)(1) refusal to register the mark TOURBILLON & Design (shown below), finding it to be merely descriptive of "jewellery, horological and chronometric instruments. [read post]