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4 Jan 2023, 1:36 am by Kevin Bercimuelle-Chamot
This case stressed the importance of the “as a whole” approach. [read post]
9 Feb 2015, 3:06 am
In its 44-page opinion, the district court distilled the issues in the case, involving not only review of the Board's decision but Bayer's counterclaims under Section 43(a) of the Lanham Act, to one single question:Does the Lanham Act allow the owner of a foreign mark that is not registered in the United States and further has never used the mark in United States commerce assert priority rights over a mark that is registered in the United States by… [read post]
In the High Court case of Sazerac Brands, LLC & Ors v Liverpool Gin Distillery Limited & Ors [2020] EWHC 2424 (Ch), conducted under the Shorter Trial Scheme, the Defendants’ use of its AMERICAN EAGLE sign was found to have infringed the Claimants’ registered rights in its mark, EAGLE RARE. [read post]
13 Sep 2007, 3:41 am
Precisely because we're used to word marks, we don't usually require instruction to regard them as marks -- even if a particular term is descriptive. [read post]
29 Jan 2011, 4:19 pm by Joseph C. McDaniel
This case is interesting in that sense, and is also interesting in that it marked the death of ride-through in Arizona, which is a part of the 9th Judicial Circuit. [read post]
31 Jul 2007, 5:01 am
In any case, to the extent Applicant was asserting that, in light of the renown of the Kamehameha schools, consumers will believe registrant's goods to emanate from applicant, that was of no help. [read post]
9 Jul 2012, 3:18 am by John L. Welch
The Board found the mark not likely to cause confusion with the Supplementally-registered mark ATTORNEYYELLOWPAGES.COM for overlapping services. [read post]
27 Feb 2012, 8:36 am by Mark Stanley
2/27/2012 Author:  Mark Stanley Security & Surveillance More Issues in Security & Surveillance Recently there’s been talk of the grassroots movement that stopped PIPA/SOPA turning its attention to the House data retention bill, HR 1981. [read post]
29 Oct 2008, 10:57 am
What they said, in a judgment delivered by Toulson LJ, was this: * In the case of an alleged infringement under section 10(2) of the Trade Marks 1994 Act (similar marks/goods, similar marks/same goods or same marks/similar goods) giving rise to criminal liability under section 92, a likelihood of confusion had to be proved -- but no likelihood of confusion need be proved for liability under section 10(1) (same marks/same goods). * This was a… [read post]
7 Jun 2023, 8:00 am by AccelerateEditor
By examining skid marks, vehicle damage, and other relevant evidence, they can provide valuable insights into how the accident occurred. [read post]
15 Dec 2020, 9:36 am by Foran & Foran, P.A.
 More specifically, the plaintiffs claimed that the defendant was making a left turn and struck the plaintiffs in the middle of a marked crosswalk on the street, knocking them to the ground and injuring them. [read post]
24 Apr 2009, 9:31 am
The ruling marked one of the first decisions by a federal appeals court, in a major case, to take the option created by the Supreme Court in January to bypass a constitutional ruling and instead focus on whether a lawsuit against government officers should be thrown out on the theory that the  officials had legal immunity because their actions were not unlawful at the time they engaged in them. [read post]
13 Aug 2014, 1:26 pm
 Explains Maria (who acted for trade mark owners Honda):Articles 101 and 102 TFEU do not affect the content of the existing case law. [read post]
6 Apr 2015, 12:17 pm by Mack Sperling
The Plaintiff in the Ray Lackey case, which does business as "Village Inn Pizza Parlor," has two marks registered under the NC Trademark Registration Act and a variety of other unregistered marks which it uses in its business. [read post]
4 Jul 2017, 2:02 am by Afro-Corne
[This issue, of which party can lay claim validly to the trade mark, now lies before the Trade Marks Office Tribunal]. [read post]
13 Nov 2008, 10:12 am
Neil Abercrombie said the Ka Loko incident "is an ideal case for an independent counsel" given that the state's oversight of the dam has been questioned. [read post]
3 Oct 2011, 1:33 am
Is it a serious ground of appeal in all cases or (as seems to be the case in decisions in which the court leaves it till last and then sweeps it away without too much effort) is it just the last weak argument which is thrown into the appeal in order to make it look more substantial than it really is? [read post]
25 Apr 2008, 5:00 am
" In any case, the declarations were controverted by the PTO's evidence.Applicant also pointed to In re Coors Brewing Co., 68 USPQ2d 1059 (Fed. [read post]