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Backend matters such as Samsung’s content screening programme were also deemed irrelevant if they didn’t affect consumers’ end perception of the signs. [read post]
12 Jun 2023, 5:01 am by Eugene Volokh
For several months, I've generally congratulated prevailing lawyers in cases I write about, as a mark of acknowledgment of their professional success on behalf of their clients. [read post]
23 Apr 2015, 12:35 pm by Lawrence B. Ebert
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]
5 Jul 2016, 11:44 am by Rebecca Tushnet
” 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]
24 Jun 2019, 1:42 pm by Mark Walsh
She cites proposed marks such as “Marijuana Cola” and “You Can’t Spell Healthcare Without THC,” which were rejected by the U.S. [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]
One is on confidence in the parties to handle national security matters generically. [read post]
11 Feb 2013, 3:49 am by John L. Welch
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]
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]
9 Mar 2013, 11:01 am by oliver randl
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]
24 Jun 2019, 4:52 pm by Mark Nieds
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]
13 Sep 2021, 9:46 am by Nedim Malovic
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]
8 Jul 2016, 4:13 pm by Rebecca Tushnet
  The 2000 trial sounds an awful lot like a final judgment that the mark wasn’t valid. [read post]
3 Jul 2013, 7:01 am by Rebecca Tushnet
  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]
19 Jul 2011, 8:47 am by William McGrath
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]
7 Jul 2012, 10:39 am by Rick Hasen
(I don’t doubt that people have a large capacity to keep separate mental accounts.)” –Mark Tushnet, Balkinization [read post]