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11 Oct 2009, 9:22 am
Mark Alesia, Heather Gillers, Tim Evans and Mark Nichols report the results of a major Indianapolis Star investigation on who... [read post]
25 Aug 2020, 12:00 am
Many trade mark cases get decided based on how the "relevant public" understands a given sign in a given context. [read post]
23 Dec 2017, 9:25 am
Since the enactment of the 1905 Trademark Act, the USPTO has had the power to refuse registration to marks deemed immoral, scandalous, deceptive, or disparaging. [read post]
11 Jun 2008, 11:00 am
The TTAB put the kibosh on Applicant Mark D. [read post]
17 Nov 2021, 8:25 am
Under the Rogers test (which restricts Lanham Act liability to protect First Amendment interests), the use of a trademark is actionable only if the use of the mark or other identifying material (1) has no artistic relevance to the work and (2) is explicitly misleading as to the source or content of the work. [read post]
27 Sep 2011, 7:46 pm
Again, from SAIC: Article 29 “Where two or more applicants for trademark registration in the same or similar goods on the same or similar trademark applications for registration, application for preliminary approval and announcement earlier trade mark; the same day the application, preliminary approval and prior use of the trademark notice, others rejected the application, not to notice. [read post]
5 Nov 2010, 10:46 am
Woods allowed the situation to spiral out of control and he lost his family, hundreds of millions of dollars, and his ability to focus on his profession.Facebook and Mark Zuckerberg should openly embrace and promote the movie, "The Social Network" because downplaying the movie and/or ignoring it enables others to own the narrative. [read post]
21 Apr 2009, 4:07 pm
While not, strictly speaking, a Canadian trade-mark issue, many Canadian trade-mark owners will be interested in this limited time opportunity to save money while obtaining protection for their marks in the European Union. [read post]
12 Aug 2019, 3:43 am
" The services are identical, but what about the marks? [read post]
20 May 2015, 7:18 am
The goods and services protected by the respective marks were too different in their nature to lead to the creation of the required link between the marks. [read post]
6 Nov 2018, 3:06 am
Applicant contended that the "famous" SEALY house mark distinguishes its mark from the cited mark. [read post]
25 Sep 2016, 2:32 am
In the event of successful registration we should expect an increase in similar trade mark applications for single words. [read post]
10 Dec 2015, 2:58 am
Murphy of Arochi & Lindner in Mexico City: "Famous and Well-Known Marks in Mexico: Past, Present, and Future," 105 TMR 1060 (September-October 2015). [read post]
14 Oct 2015, 5:03 pm
The Law Commission of England and Wales this week published a final report on Patents, Trade Marks and Designs: Unjustified Threats along with a draft bill for consideration by the UK Parliament:"Patents, trade marks and design rights are valuable intellectual property (IP) rights and a vital foundation of economic growth. [read post]
30 Apr 2021, 7:12 am
By Mark S. [read post]
14 Mar 2016, 5:00 am
("Metaswitch") filed a motion for partial summary judgment to limit Genband US LLC's ("Genband") damages based on a failure to mark. [read post]
7 Oct 2015, 5:06 am
The district court had previously held that no reasonable jury could find that the plaintiff Corning Optical Communications Wireless LTD ("Corning") marked its products or otherwise complied with the marking requirements Section 287(a) of the Patent Act. [read post]
8 Mar 2010, 7:07 am
Mark McCombs is a partner at Greenberg Traurig no more. [read post]
18 Jan 2012, 8:30 am
24 Apr 2008, 8:18 pm
Particularly through survey evidence, they can help establish if a mark is generic (and hence unprotectable); that a descriptive mark has acquired secondary meaning (and therefore is protectable); that a mark has actually confused or is likely to confuse consumers with another mark; that a mark is famous; and that one user’s mark is likely to cause dilution by blurring or dilution by tarnishment. [read post]