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3 Feb 2009, 3:02 pm
Lee: "When the history of intellectual property law is written, January 12, 2009 should be marked as a decisive moment. [read post]
18 Apr 2010, 11:55 am
Motor vehicle operators owe a duty of care to all other drivers, passengers, and pedestrians to take reasonable care to avoid harm or injury. [read post]
13 Feb 2015, 9:33 am by corynne mcsherry
  The FCC says its proposal will “create a general Open Internet conduct standard that ISPs cannot harm consumers or edge providers. [read post]
16 May 2007, 9:39 am
The system should promote quality patents by providing a meaningful second chance for the experts at the PTO to review potentially problematic patents in a timely manner, and should promote sharing of information with the PTO to improve the process and increase innovation.The Coalition pointed to the following events:A number of reports from independent sources such as the Federal Trade Commission, the National Academy of Sciences and the Council on Foreign Relations have analyzed how imbalances in… [read post]
9 Dec 2006, 4:40 pm
Identical nonconfusing marks still force consumers to take time to figure out which product is being referenced, and thus cause consumer harm. [read post]
23 Dec 2020, 8:54 am
I welcome questions from people like you everyday.Stay strong, Mark [read post]
13 May 2012, 9:34 pm by Charles Bieneman
  Likelihood of confusion had been established, and therefore irreparable harm was presumed. [read post]
5 Mar 2014, 3:43 am
According to that defense, a plaintiff cannot be harmed by registration of a mark if the defendant already owns a registration for the same or a substantially identical mark for the same or substantially the same good/services. [read post]
20 Jan 2023, 6:42 am
Nor do they show that applicant's mark will damage "the integrity of the register. [read post]
6 Apr 2017, 11:11 pm by Darren Olivier
This is a special provision in the UK Trade Marks Act (S21) to prevent bullying by trade mark owners. [read post]
24 Jun 2024, 4:10 am
In this regard, we explore the ways in which Amazon's practices might both help and hurt competition, be harmful to the trademark system, and reshape how we think about trademark law at its foundation. [read post]
1 Dec 2020, 8:04 am by Texas Legal News
We would like to offer our condolences to the families of Rhonda Rae Kulp and Mark Everett Nevala at this time. [read post]
7 May 2012, 6:51 am by Rebecca Tushnet
DNA alleged that Dahon Taiwan registered the marks knowing they were supposed to be shared by all Dahon companies, that the PTO registered the marks in reliance on this representation, and that DNA was suffering market harm because of Dahon Taiwan’s present claim to exclusive ownership. [read post]
2 Dec 2011, 9:35 am
My bet is on parody marks next.What do you think of these filings? [read post]
23 Oct 2011, 9:40 am
P. 12(b)(6) is the appropriate remedy as no trademark infringement can exist when Tradebay has not yet used the Tradebay mark in commerce.Courts enforcing Rule 12(b)(6) curtail this risk by weeding out complaints that fail to give rise to a plausible inference of harm to the plaintiff. [read post]
20 Aug 2012, 7:05 pm by Joe Sanders
If we do post an article that has a name in it, like we have been doing, the name will be marked out with "[name withheld]. [read post]
29 Dec 2009, 5:00 pm by Seth Leventhal
It is clear that recent technological advances have caused a surge in cases alleging reputational injury, lawsuits aiming to prevent it (or get damages for it), and countersuits against lawsuits whose real aim is to prevent the lawful dissemination of harmful (but true) information. [read post]