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10 Jun 2024, 5:33 am by Nedim Malovic
According to case law, applicants typically face difficulties in demonstrating the inherent distinctiveness of non-conventional trade marks and this is testified by the fact that most cases pertaining to non-conventional trade marks, spanning from 2021 to 2024, deal with the issue of inherent distinctiveness.The significant departure test for distinctivenessFor a trade mark to possess distinctive character, it must serve to identify the goods in respect of which registration is applied for… [read post]
10 Jun 2024, 3:48 am by Peter A. Mahler
Some nine years ago I wrote about an LLC dissolution case titled Goldstein v Pikus decided by former Manhattan Commercial Division Justice Charles Ramos which also involved a bitter dispute between two estranged co-managing members of a realty-holding LLC. [read post]
9 Jun 2024, 9:43 am by Gene Takagi
The last thing we want to see is a legal environment that further restricts how private resources can be dedicated to the public good. [read post]
9 Jun 2024, 9:40 am by Giles Peaker
Querino v Cambridge City Council (Rev1) (2024) EWCA Civ 314 We’re a bit late to this one. [read post]
9 Jun 2024, 7:37 am by Eric Goldman
Pornhub * Catching Up on Recent FOSTA Developments (None of Them Good) * Section 230 Preempts Claims Against Omegle–M.H. v. [read post]
9 Jun 2024, 6:00 am by Lawrence Solum
 An example of this use of the bad man thought experiment is provided in Justice Souter's opinion in Exxon Shipping Co. v. [read post]
8 Jun 2024, 11:21 pm by Frank Cranmer
” This, of course, comes in the wake of the decision in R (on the Application of TTT) v Michaela School [2024] EWHC 843 (Admin), on which we published a critical guest post by Russell Sandberg, here. [read post]
8 Jun 2024, 8:33 am by familoo
That pro-contact culture is articulated and repeated in both pre-and post-2014 caselaw: essentially that contact is almost always a good thing and will almost always be ordered in some shape or form[8] – a far broader proposition than the statutory presumption. [read post]
8 Jun 2024, 6:39 am by Eric Goldman
This case is a good cautionary tale of how a descriptive trademark can be turned into an unduly powerful weapon that ultimately hurts consumers. [read post]
7 Jun 2024, 1:58 pm by Matt Roberts
In November 2023, however, the Tax Court issued its decision in Soroban Capital Partners LP v. [read post]