Search for: "Mark Harms"
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8 Jan 2018, 8:12 am
Here, the allegations of harm to business, goodwill, and reputation were in the past tense, and there was no evidence of continued infringement or an inclination to restart, nor any evidence of continuing customer complaints, making continuing reputational harm speculative. [read post]
7 Jul 2009, 3:31 pm
In June the ABA Journal published an article by Mark Hansenthat criticized the severity of Federal Sentencing Guidelines for child pornography offenses. [read post]
1 Dec 2014, 2:58 am
Volvo argued that "consumers who come across the ‘invented trade mark’ LOVOL will be intrigued by that new trade mark for cars, especially since the number of car manufacturers is relatively limited. ... consumers will ask themselves whether that new trade mark for cars has any connection with a very old and highly reputed trade mark for cars and will then be led to associate it with the trade mark VOLVO... [read post]
16 Jan 2013, 1:34 pm
Given the likely success on the merits, Athleta was also able to show irreparable harm. [read post]
7 Aug 2018, 1:16 am
Clearly the court's thinking is that the act of removal should be reserved only for the proprietor of the mark, and Duma undertaking to do so undermines the function of that mark, or at least the choice in the use of the mark in the territory by the proprietor.The Court also noted that consumers could identify the forklifts simply from their outwards appearance, and the removal of the marks from those goods and the subsequent harm to the… [read post]
7 Aug 2018, 1:16 am
Clearly the court's thinking is that the act of removal should be reserved only for the proprietor of the mark, and Duma undertaking to do so undermines the function of that mark, or at least the choice in the use of the mark in the territory by the proprietor.The Court also noted that consumers could identify the forklifts simply from their outwards appearance, and the removal of the marks from those goods and the subsequent harm to the… [read post]
15 Apr 2010, 2:14 am
Line One Laboratories, Inc. petitioned to cancel a registration for the mark IMPULSE for "adult novelty items, namely, vibrators," alleging Section 2(d) likelihood of confusion with its identical mark for "condoms. [read post]
18 Feb 2016, 10:37 am
According to Plaintiff, Defendants' conduct was "intentional, unjustified and/or malicious, and done to purposefully harm Plaintiff. [read post]
3 Aug 2016, 7:17 am
Improperly granted registrations are harmful even from the perspective of the greatest trademark expansionists. [read post]
16 Aug 2011, 10:34 pm
Brown, 80 S.W.3d 549, 556 (Tex. 2002)) (internal quotation marks omitted). [read post]
13 Feb 2018, 9:34 am
No doubt Sears’ conduct was cheeky, but it’s hard to imagine Sears’ advertising would cause Sleep Country irreparable harm, especially in the absence of any proof of such harm. [read post]
2 Jul 2018, 7:18 am
” The only other evidence arguably proving proximate cause of harm flowing from the false designation was the money Oculus raised from investors in direct connection with the use of the promotional materials containing ZeniMax’s marks. [read post]
1 May 2013, 2:45 am
Finally, the balance of harms weighed in defendant’s favor and against a preliminary injunction. [read post]
20 Dec 2018, 1:45 pm
This would mark a major milestone in the ongoing battle to end a brutal, inhumane, and unnecessary practice. [read post]
17 Nov 2009, 5:33 am
The forum marks the 10th anniversary of the IOM study on medical errors and raises concerns about the lack of progress over the past decade in preventing medical harm. [read post]
8 May 2018, 8:58 am
He was most likely not far from the mark when he wrote on his website that the town smelled like “rancid dog food. [read post]
9 Sep 2015, 6:41 am
According to Lego, allowing the IDENTIBRICK mark to register without a disclaimer of the term “brick” would harm Lego and Lego’s competitors by granting to IdentiToy rights in the word BRICK. [read post]
9 Dec 2014, 3:50 am
In the event it was the latter who prevailed.Turning to s 43(1) of the Lanham Act, Neil showed how far it protects unregistered marks and trade dress, sending out a message that trade marks are liked, plaintiffs are welcomed -- with just one downside: it doesn't offer any opportunities for injured consumers to sue [citing the recent Neil-Jeremy Katpost on the consumer protection of trade marks, here]. [read post]
1 Nov 2022, 6:37 am
The Justice Department’s focus on author earnings, rather than harm to consumers, marked a shift in how the government applies antitrust law. [read post]
13 Sep 2010, 3:34 am
Sergeant Mark Andrews made newspaper headlines last week when he was sentenced to six months in prison after being found guilty of causing actual bodily harm. [read post]
