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6 Jul 2022, 6:06 am
In those cases, you may consider using the trademark without a registration. [read post]
17 Apr 2024, 3:38 am
The case is still awaiting CJEU’s decision.The IKEA case underscores a critical debate: The extent to which trademarks can be used in non-commercial, expressive contexts without infringing upon trademark rights. [read post]
2 Nov 2015, 4:17 am
Part II discusses the Lexmark decision and the recent district court cases that have addressed its holding. [read post]
17 Nov 2008, 3:56 pm
” Cascade owns a federal trademark registration for WORM FACTORY. [read post]
20 Jan 2008, 4:07 am
Judge Coughenour Not Accepting New Trademark Cases, Jan. 17, 2008. [read post]
25 Jun 2021, 6:36 am
While unregistered marks may be protected as common law trademarks, registration with the USPTO is the only way to protect your brand at the national level.Contest and resolve any cases of potential trademark infringement as soon as possible. [read post]
25 Jun 2021, 6:36 am
While unregistered marks may be protected as common law trademarks, registration with the USPTO is the only way to protect your brand at the national level.Contest and resolve any cases of potential trademark infringement as soon as possible. [read post]
2 Apr 2008, 1:03 am
The case is titled The Neiman Marcus Group, Inc. v. [read post]
27 Jul 2015, 10:04 am
In some cases, it is necessary to allow a third party to describe something using a trademarked word or phrase. [read post]
14 Nov 2011, 4:49 pm
Cassini, on the other hand, argues that its trademark has been incontestable since the 1950's and that Serta's use constituted trademark infringement. [read post]
23 Aug 2012, 11:20 am
This poor little First Amendment case has been largely ignored for the simple fact that it was published just before the Healthcare Decision. [read post]
30 Nov 2018, 2:15 am
The number of trademark applications being filed by foreign companies with the United States Patent and Trademark Office (USPTO) has been growing steadily – and in China’s case rapidly – since 2013. [read post]
13 Feb 2023, 9:37 am
Many trademark case books don't cover it. [read post]
11 Oct 2018, 5:00 am
” The Trademark Trial and Appeal Board agreed, finding that “the Trademark Examining Attorney has shown by a preponderance of the evidence that a substantial composite of the general public would find this designation vulgar. [read post]
18 Dec 2013, 1:45 pm
Again the specifics facts of the cases control but infringement of the trademark is generally not found where the domain owner does not seek to capitalize on the trademark's goodwill for his own commercial enterprises. [read post]
9 Feb 2022, 1:40 am
Case date: 07 January 2022 Case number: No. 21-1108 Court: United States Court of Appeals, Eighth Circuit A full summary of this case has been published on Kluwer IP Law. [read post]
18 Jul 2012, 9:02 am
Cataldo, Administrative Trademark Judge, Trademark Trial and Appeal Board and TTAB Interlocutory Attorneys Cheryl Goodman and George Pologeorgis. [read post]
23 Jan 2019, 10:00 pm
The case raises fascinating trademark issues around the use in commerce requirement of a trademark registration. [read post]
14 Aug 2019, 3:15 am
District Court for the Southern District of New York last Thursday that in part clarified that “a plaintiff prosecuting a trademark infringement claim need not in every case demonstrate actual consumer confusion to be entitled to an award of an infringer’s profits. [read post]
5 Dec 2016, 9:29 am
More thoughts on this case tomorrow, but in the meantime, do you think Plews tripped into this trademark dispute, or does it likely have a plan and a valid defense? [read post]