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14 Oct 2007, 9:47 pm
The TDRA establishes that “[a] famous mark is one that ‘is widely recognized by the general consuming public of the United States as a designation of source of the goods or services of the mark’s owner. [read post]
12 Oct 2007, 2:28 pm
The following was received from the New York Law Journal. [read post]
12 Oct 2007, 1:23 pm
C. [read post]
11 Oct 2007, 12:54 am
The holding that keyword buys don't give rise to trademark claims is not the most interesting part of the case, though notably the court extends the "no trademark use" finding to cases in which the ad triggered by the keyword actually includes the plaintiff's mark. [read post]
9 Oct 2007, 11:04 am
One email on this topic read: "Just had a call with Mark Denby (from UMGI). [read post]
8 Oct 2007, 2:01 am
Where was §43(c) well received after 1995? [read post]
7 Oct 2007, 7:33 am
Are courts thinking about dilution, or is it just academics and C&D letters? [read post]
6 Oct 2007, 1:41 am
After the mark is famous, which means brand owners need benchmarks. [read post]
2 Oct 2007, 11:20 am
(ii) The Complainant further contends that the Respondent has no rights or legitimate interests in respect of the domain name as the Respondent has not registered the mark FACEBOOK anywhere in the world, is not a licensee of the Complainant, does not produce or market any of its own goods or services under the FACEBOOK name or mark but simply uses the website at "www.face-book.com" as a portal site, listing advertisements and links to other commercial websites… [read post]
19 Sep 2007, 9:06 pm
§ 1125(c)(2)(A). [read post]
19 Sep 2007, 7:39 pm
C’mon Cliff…be more conversant!! [read post]
12 Sep 2007, 8:50 pm
He’s got another good post about Nokia’s Sept. 4 registration of a sound mark for its default ring tone. [read post]
3 Sep 2007, 10:55 am
This distinct marking gives the sun bear its name. [read post]
3 Sep 2007, 2:57 am
Sometimes it is good. [read post]
2 Sep 2007, 11:25 am
(There will, incidentally, be a major program in DC on October 19, to be covered by C-Span, discussing the issues raised by Sabato's book; I will be participating on a panel on a new constitutional convention, one of his proposals with which I obviously agree.)The Annenberg Foundation Trust at Sunnylands, I fear, is not making Constitution Day "easy," but rather an occasion for feel-good propaganda and vapidity. [read post]
31 Aug 2007, 6:05 am
Personally, I'd rather pay the few extra bucks and keep my skull;And finally:Blawg Review #123 is up at Texas Appellate Law blog;Grand Rounds is up at Rickety Contrivances of Doing Good, for those with medical interests;The Cavalcade of Risk is hosted this week by Health Affairs;Food poisoning legal guru Bill Marler is the focus of a long (and flattering) magazine profile;Trial Ad Notes reports that B-List and C-List celebrities seek new life on Jury Duty, coming to… [read post]
29 Aug 2007, 4:54 am
"Facsimiles" may be acceptable, but not a drawing of the mark on the goods. [read post]
26 Aug 2007, 1:09 am
In a day or two the payment into his account was cancelled and marked as “unpaid”. [read post]
24 Aug 2007, 4:16 am
" Griffin, 483 U.S. at 874 (internal quotation marks and citation omitted). [read post]
23 Aug 2007, 12:12 pm
But then how not to chose Louisiana Attorney General Charles Foti, Jr. who decided to prosecute a medical “Good Samaritan,” Dr. [read post]