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22 Aug 2017, 6:43 pm
” DirectorBr. 21 (quotation marks omitted). [read post]
5 May 2011, 3:55 pm
My personal favorites include an examination of an independent contractor case by Mark Tabakman, and Russell Jackson has an amusing take on an environmental group's new legal strategy. [read post]
7 Dec 2022, 10:47 am
No. 22-148 (Aug. 5, 2022). [3] Id. [4] The Rogers test states that expressive works may use another’s trademark unless (i) the mark has no artistic relevance to the underlying work; or (ii) use of the mark is explicitly misleading. [read post]
7 Dec 2022, 10:47 am
No. 22-148 (Aug. 5, 2022). [3] Id. [4] The Rogers test states that expressive works may use another’s trademark unless (i) the mark has no artistic relevance to the underlying work; or (ii) use of the mark is explicitly misleading. [read post]
10 Jan 2016, 6:00 am
Justice Dawson, in a concurring decision, made an important remark concerning the applicability of the U.S. doctrine of “initial interest confusion” in a trade-mark case. [read post]
14 Nov 2007, 4:18 am
Whether this is the case must be decided by the courts on a case by case basis. [read post]
29 Oct 2010, 3:52 am
Simonian's numerous other false marking cases filed in the district did not weigh against transfer. [read post]
14 Sep 2007, 3:00 am
District Court for the District of Maryland was chosen as the forum for litigating the following case(s), as published by Justia: Extra Space Storage, LLC v. [read post]
2 Mar 2021, 5:01 am
” Vance also added a well-known prosecutor, Mark Pomerantz, to the team conducting the investigation. [read post]
21 Oct 2011, 9:54 am
" Although counsel "thought" marking a document as privileged in the electronic database would automatically lead to it being withheld from opposing counsel, counsel never actually checked the production to assure that this was the case. [read post]
28 Oct 2010, 6:00 am
Mark C. [read post]
24 Feb 2011, 6:18 pm
Lindeburg & Co., 633 F.2d 912 (9th Cir. 1980), which found that trademarks were not being used as marks, but were aesthetically functional, where consumers wanted to display the marks as signs of allegiance rather than using them as indicators of source. [read post]
3 May 2021, 11:50 am
Dolce Vita Footware, Inc. sought registration of the mark CLEAR for various bags, purses, wallets, and card cases – excluding transparent goods. [read post]
29 Jan 2010, 6:43 am
The question whether use is sufficient to maintain or create market share for the goods or services protected by the mark thus depends on several factors and on a case by case assessment (Case T-191 Anheuser Busch Inc and HIM).By way of analogy, the Court of Justice was already asked to state whether “reputation in the Community” was satisfied in case where the CTM had a reputation in only one Member State (Case C-301/07 Pago… [read post]
9 Mar 2013, 3:37 am
Therefore the removal of the trademark was not in accordance with Section 25(3) of The Trade and Merchandise Marks Act, 1958 read with Rules 67 and 68 of the Trade and Merchandise Marks Rules. [read post]
9 Jul 2011, 1:51 pm
Case in point is Wham-O, the makers of the Frisbee, sued for allegedly including expired patent numbers on their product . [read post]
30 Apr 2019, 5:55 am
The PMÖD in this case took influence from the Specsavers’ case above and considered, by analogy, that the CJEU had concluded that a black and white mark did not include protection for all colours. [read post]
4 Nov 2011, 3:47 am
Maybe they'll announce the CMA's victory in this TTAB case? [read post]
29 Sep 2011, 3:02 pm
Eight others, citing a Supreme Court ruling in a case involving Smith, want their cases moved to federal district court. [read post]
10 Nov 2016, 10:13 am
" I called the case manager to see if there was some mistake.Apparently about a year ago, the Sixth Circuit decided cases were moving too slowly through the appeal process and told case managers to tighten up on extensions. [read post]
