Search for: "Matter of Mark T."
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5 Jul 2016, 11:44 am
” RT here: Examining TSDR, I found that the shirt mark had initially been nonfinally rejected for failure to function as a mark, with the 2(f) statement of five years of continuous use deemed insufficient because the nature of the claimed matter—the color of a shirt worn by an employee—wasn’t such that consumers would ordinarily perceive it as a mark. [read post]
23 Apr 2015, 12:35 pm
Rolls-Royce : the court looked to Black's Law Dictionary to identify the plain and ordinary meaning of the term “disparage,” which it found to be: “[t]o dishonor (something or someone) by comparison” or “[t]o unjustly discredit or detract from the reputation of (another's property, product or business). [read post]
16 Apr 2012, 3:27 am
James Robertson of Marks & Clerk has written to the IPKat about an interesting copyright case in the US textbook publishing industry. [read post]
9 Mar 2013, 11:01 am
Case Law of the Boards of Appeal of the EPO, 6th edition, 2010, section III.A.2, and decisions T 1067/97, T 25/03, T 1408/04 cited therein. [read post]
27 Mar 2012, 2:59 am
The IPKat was most impressed with the manner in which the judge handled the whole matter. [read post]
6 Feb 2024, 6:28 am
They won't. [read post]
7 Jul 2012, 10:39 am
(I don’t doubt that people have a large capacity to keep separate mental accounts.)” –Mark Tushnet, Balkinization [read post]
23 Mar 2015, 11:04 am
But somehow you didn’t blow enough air into the machine. [read post]
11 Feb 2013, 3:49 am
What is the likely meaning of the matter in question, taking into account not only dictionary definitions, but also the relationship of the matter to the other elements in the mark, the nature of the goods or services, and the manner in which the mark is used in the marketplace in connection with the goods and services; and2. [read post]
24 Jun 2019, 4:52 pm
Reviewing the FUCT application, the USPTO applied its general test of for those marks that might be considered as comprised of immoral or scandalous matter. [read post]
28 Feb 2010, 10:01 pm
One said: “We can’t fight them. [read post]
22 Oct 2015, 2:58 am
This doesn't matter: the function of the trade mark is to provide information for the consumer and thereby save time, by redressing the imbalance of information asymmetry. [read post]
8 Jul 2016, 4:13 pm
The 2000 trial sounds an awful lot like a final judgment that the mark wasn’t valid. [read post]
13 Sep 2021, 9:46 am
Failure to satisfy one of those conditions, which are cumulative, is sufficient to render that provision inapplicable.In light of all the above, the General Court dismissed the action in its entirety.CommentWhen figurative marks with possible word elements and word marks are compared, visually what matters is whether the signs share a significant number of letters in the same position and whether the word element in the figurative sign is highly stylised. [read post]
19 Jul 2011, 8:47 am
On Monday, July 18, 2011, a Federal Judge in Texas, Sidney Fitzwater, granted a Motion to Strike by the SEC in its case against Mark Cuban, the owner of the Dallas Mavericks, eliminating his affirmative defense of "unclean hands" in the Commission's case against him. [read post]
23 Oct 2008, 5:48 am
I mean, wouldn't that explain a lot? [read post]
23 Dec 2014, 2:46 pm
" But that's another matter. [read post]
3 Jul 2013, 7:01 am
It failed to distinguish the energy shots from the pills, and its arguments on mark strength and similarity of marks didn’t take the case out of the realm of close calls that could go either way. [read post]
28 Jun 2016, 7:02 am
Remember that your registration only has to coverthe class heading, it doesn’t have to have the exact wording. 2. [read post]
30 Aug 2023, 6:16 am
(Meadows has denied that he was involved in one of the alleged overt acts and that another misstates the Georgia official to whom he sent a message.)The removal issue matters greatly to both sides. [read post]
