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12 Feb 2024, 4:04 am by Peter J. Sluka
Services, Inc. v Jupiter Partners, L.P., 309 AD2d 288, 300 [1st Dept 2003]). [read post]
10 Feb 2024, 4:24 am by Alessandro Cerri
In a recent decision (T-562/22) on genuine use of a registered EU trade mark in respect of clothing, the General Court of the European Union (the Court) found that use in a slightly altered form (adding a "Y" in capitals) still constituted genuine use of the mark as registered. [read post]
8 Feb 2024, 6:31 am by Linda Panszczyk
As for the injunction, the Fifth Circuit agreed with Rolex that the district court should have enjoined the sale of Rolex watches with non-genuine bezels, thus affirming, as modified, the district court’s injunction in part (Rolex Watch USA, Inc. v. [read post]
6 Feb 2024, 3:36 pm by Marty Lederman
 Even apart from that fundamental flaw, however, this first “off-ramp” argument wouldn’t withstand scrutiny on its own terms, even if this were a case (again:  it’s not) where a state were purporting to “enforce” Section 3 by, for example, refusing to allow the winner of an election to enter into state office because she’s disqualified under Section 3, or using a state-law-sanctioned cause of action to remove such a person from the… [read post]
4 Feb 2024, 3:17 pm by Peter Mahler
The latter often appear when LLCs use off-the-shelf operating agreements offered by various vendors such as LegalZoom. [read post]
3 Feb 2024, 10:59 am by Rebecca Tushnet
False advertising uses v different framework: consider the challenged ad as a whole, including disclaimers and qualifying language. [read post]
2 Feb 2024, 2:56 pm by Rebecca Tushnet
RT: might this help us understand how counterfeiting of a registered TM could be actionable even without point of sale confusion? [read post]
2 Feb 2024, 7:30 am by Alysa Z. Hutnik
” A “telephone solicitation” is defined as “an organized activity, program, or campaign to communicate by telephone with residents of Maryland in order to: (i) sell, lease, or rent goods or services; (ii) attempt to sell, lease, or rent goods or services; (iii) offer or attempt to offer a gift or prize; (iv) conduct or attempt to conduct a poll; or (v) request or attempt to request survey information, if the results of the survey will be used directly to… [read post]