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28 Sep 2008, 5:50 pm
In reaching its conclusion, the District Court held that under the Lanham Act, the federal trademark statute, a trademark owner has a right and duty to control the quality of goods sold under the mark: Because the owner of the trademark has an interest in the party to whom the trademark is assigned so that it can maintain the good will, quality, and value of its products and thereby its trademark, trademark rights are personal to the assignee and not freely assignable to… [read post]
25 Sep 2008, 11:08 am
Then again, this business probably has stronger grounds of opposition under s. 16(3)(a) or even s. 16(3)(c). [read post]
23 Sep 2008, 12:08 am
(A quick search of the PTO’s database didn’t even turn up any Sheboygan marks registered by the city, or the police.) [read post]
20 Sep 2008, 6:31 pm
The good thing about operating this way is it would be simple and fast. [read post]
19 Sep 2008, 9:29 pm
Mark Rasch, a former Justice Department computer crime prosecutor, agrees with Opsahl. [read post]
19 Sep 2008, 6:00 pm
: (Wired) The South strikes back against overreaching IP enforcement: (Intellectual Property Watch) WIPO assembly set to appoint new head: (Managing Intellectual Property) Open business systems fill gap in mainstream entertainment industry: (Intellectual Property Watch) Global - Trade Marks / Domain Names / Brands Brand values collapse in the face of global financial turmoil: (IAM), Genericness survey results: (Property, intangible) Reputation as risk: a lesson from the financial… [read post]
18 Sep 2008, 3:22 am
§ 1125(c)(1). [read post]
17 Sep 2008, 1:44 pm
Basil's beat their names into my schoolboy noggin for no good reason (figuratively, of course). [read post]
12 Sep 2008, 2:33 pm
’: (Michael Geist), (The Trademark Blog), Globe and Mail report on new McGill study that concludes IP laws may be stifling innovation: (Michael Geist), C-61 – Dead or undead? [read post]
9 Sep 2008, 11:30 am
Leo Babauta, Mark Hayward, and Dan Clements are racing to make a difference! [read post]
5 Sep 2008, 11:01 pm
: (Chinese Law Prof Blog), China – The intellectual property rights crisis: (Ezine @rticles) Europe European Court of Justice to consider trade mark questions in Case C-342/08 Makro Zelfbedieningsgroothandel e.a. [read post]
2 Sep 2008, 5:54 am
I think these two opinions put a huge exclamation mark to reject the notion that courts will only tolerate passive conduits (who do nothing to police their network) or perfect editorial control, with no middle ground for courts to excuse omissions by good faith actors. [read post]
29 Aug 2008, 1:25 pm
– Discussion of IPFrontline.com article ‘Understanding Intellectual Property Value’: (IP finance), How to make sure your IP strategy plan is not doomed to failure: (IP Asset Maximizer Blog) Improve venture capital returns with IP portfolio management: (Ezine @rticles) Global - Trade Marks / Domain Names / Brands Trade mark strategy – counterintuitive names: (IP Thinktank), ICANN Intellectual Property Constituency paper on sunrise… [read post]
26 Aug 2008, 3:42 pm
Supreme Court Mark S. [read post]
24 Aug 2008, 3:21 pm
ANSWER: Good question! [read post]
18 Aug 2008, 6:54 am
For instance, the strongest marks are usually those that are made-up words (i.e., Kodak®) or are otherwise unrelated to the services or goods being provided under the mark. [read post]
16 Aug 2008, 2:43 am
You can separately subscribe to the IP Thinktank Global week in Review at the Subscribe page: [duncanbucknell.com] Highlights this week included: Belgium - eBay wins ruling against L’Oreal in dispute over liability for counterfeit goods sold in online auctions: (Managing Intellectual Property), (Counterfeit Chic), (IPKat), (Class 46), (Techdirt), (Ars Technica) US CAFC holds that copying free software without complying with license is copyright infringement: Robert… [read post]
10 Aug 2008, 2:53 pm
As a reminder, the following italicized question comes from Jane C. [read post]
8 Aug 2008, 12:27 pm
" Id. at 961 (internal quotation marks omitted). [read post]
7 Aug 2008, 3:32 pm
Rev. 88 *** Jonathan C. [read post]
