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25 Aug 2013, 2:12 am
’” The Lanham Act, which codifies US trade mark law, sets forth the various reasons why a mark will not be accepted for trade mark protection, including a mark which "consists of or comprises immoral, deceptive, or scandalous matter." [read post]
7 Oct 2016, 5:51 am
If a mark is generic, you can’t register it, no matter how much you use it. [read post]
11 Aug 2015, 3:23 am
Crane argued that it is still entitled to register a two-dimensional designeven if it sells a three-dimensional product, but the Board was unmoved:Applicant’s attempt to register the mark with a description of it as "a two-dimensional depiction of a three-dimensional housing" does not alter the likely consumer perceptions, or for that matter perceptions of competitors, that what is claimed is the trade dress as otherwise depicted in the drawing and the description. [read post]
22 Oct 2018, 11:00 pm
Whilst most of us can hopefully agree to their utility in matters of public discourse, in the context of trade mark cases they are somewhat out of favour. [read post]
21 Oct 2021, 1:59 pm
In December 2016, the SAIC additionally issued its Notice on Improving the Issuance Method, Contents, Formats and Other Matters of Trade Mark Registration Certificates. [read post]
7 Sep 2017, 1:42 pm
The reason the matter has been in the press recently is because Brandlogic's trade mark attorneys have switched sides, in a perfectly proper manner within the rules (although that's not to say that the rules, or the regulator, are right). [read post]
20 May 2021, 7:04 am
Hence, the risk of misleading the public must result from the mark itself. [read post]
27 Apr 2019, 12:21 am
It is prescribed that the burden of proof shall be shifted to the defendant to a trade secret lawsuit to prove the subject matter does not meet the statutory requirement for trade secrets, if the plaintiff can submit prima facie evidence that it has taken reasonable measures to keep the subject matter in confidentiality. [read post]
1 Nov 2006, 12:32 pm
This fall marks the opening of Duke's Animal Law clinic, an endeavor made possible through a $1 million donation by Bob Barker Endowment for the Study of Animal Law. [read post]
30 Aug 2016, 7:10 am
Carpenter & Alyx Mark, Lawyers, Power, and Strategic Expertise, 93 Denv. [read post]
2 Nov 2011, 1:11 pm
Mark A. [read post]
9 Dec 2013, 7:38 am
Kirby Morgan’s problem is that it doesn’t have a federally famous, household name mark. [read post]
26 Jan 2012, 9:22 am
I don’t normally agree on detention policy matters with Seton Hall’s Mark Denbeaux–and there’s certainly some rhetoric in this piece in Jurist that I would never use and conclusiosn I do not reach. [read post]
5 Aug 2009, 3:27 am
Last Friday, the High Court granted special leave to appeal in 2 trade mark matters: Health World Ltd v Shin-Sun Australia Pty Ltd E & J Gallo Winery v Lion Nathan Australia Pty Limited Given only about 80 cases a year score this level of achievement, there are obviously big issues afoot. [read post]
1 Apr 2024, 12:16 am
A description may not be inconsistent with the graphic representation of the trade mark or give rise to doubts as to the subject matter and scope of that graphic representation. [read post]
10 Jan 2019, 10:52 pm
The third stage considers official’s use of the legislative terms that denote the subject matter protectable by IP regimes with reference to the objects that they denote, focusing in Invention and Plant Variety (chapter 4); The Authorial Work (5) Trade Mark, Other Product Designations, and Goodwil (6) and Design (7). [read post]
7 Dec 2009, 12:46 am
You can reach Mark at 714-597-6900 Martin Andelman Mandelman Matters [read post]
17 Mar 2010, 2:09 am
How it sits with Re Yanx’ TM might be another matter. [read post]
16 Dec 2016, 11:26 am
Today's DJ Friday Podcasts program, titled SCOTUS FOCUS, features Sidley Austin (L.A. office) appellate lawyer Mark Haddad (former clerk for Justice William Brennan) on "unique strategies and novel approaches an appellate counselor does well to ply when trying matters before the country's high court. [read post]
2 Jan 2015, 2:02 am
The new year has started preparing the ground for the implementation of the next chapter of the OHIM Convergence Programme, a laudatory example of collaboration and dialogue within the trade mark offices in Europe.Back in 2011 OHIM, the national offices and user associations agreed on the shared purpose to harmonize their practices and built up a collaborative and interoperable trade mark network with the vision 'To establish and communicate clarity, legal certainty, quality… [read post]
