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30 Oct 2013, 11:55 pm by Gordon Firemark
In this episode of Entertainment Law Update, Entertainment lawyers Gordon Firemark and Tamera Bennet review the latest cases and controversies in the entertainment industry. [read post]
16 Oct 2013, 3:46 am
Genericness is a question of fact, and the PTO must provide clear evidence thereof. [read post]
8 Oct 2013, 2:48 am by John L. Welch
The panel majority was unimpressed by the PTO's evidence, It noted that Wikipedia evidence, when  uncorroborated, is "fraught with shortcomings." [read post]
4 Oct 2013, 7:05 pm by Mary Dwyer
The petition of the day is: Sony Computer Entertainment America LLC v. 1st Media, LLC 12-1086 Issue: Whether the Court of Appeals for the Federal Circuit erred in restricting district courts’ equitable discretion in evaluating patent unenforceability, contrary to this Court’s precedent in Keystone Driller Co. v. [read post]
1 Oct 2013, 3:24 am by John L. Welch
See In re Heeb Media LLC, 89 USPQ2d 1071 (TTAB 2008) (applicant's good intentions and inoffensive goods and services do not prevent finding that HEEB is disparaging; mixed opinion among members of the referenced group does not erase the perception of a substantial composite who find it disparaging). [read post]
25 Sep 2013, 3:25 am by John L. Welch
In re Stacked Wines, LLC, Serial No. 85129206 (September 4, 2013) [not precedential]. [read post]
18 Sep 2013, 3:11 am by John L. Welch
Carbon Audio, Inc. sought to register the mark CARBON AUDIO for "audio headphones; audio speaker enclosures; audio speakers; wireless indoor and outdoor speakers," but the PTO turned down the application, deeming the mark merely descriptive of the identified goods. [read post]
10 Sep 2013, 2:46 am by John L. Welch
Trademark Rule 2.41(b) says that a prior registration for the "same mark" may be accepted by the PTO. [read post]
22 Aug 2013, 1:12 pm by Dave
In Vermont, IPKat notes that Attorney General William Sorrell has entered an agreement with a firm called Patent & Trademark Agency, LLC, which sent letters offering to renew trademarks for a fee of between $985 and $1,750, a fee substantially higher than that charged by the actual PTO. [read post]
19 Aug 2013, 3:20 pm by Sarah Tran
 It is scheduled to hear arguments as an en banc court later this year in Lighting Ballast Control LLC v. [read post]