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30 Aug 2018, 9:04 am
However, in some instances, a single du Pont factor may be pivotal, and such is the case here.The 13th du Pont factor encompasses "any other established fact probative of the effect of use. [read post]
25 Mar 2019, 3:14 am
In any case, applicant's "beer" is not limited to beer produced by a microbrewery.Finally, applicant submitted pairs of third-party registrations for allegedly similar mark owned by different registrants, one registration covering wine, the other beer, arguing that these registrations showed that the USPTO considers beer and wine to be unrelated goods. [read post]
30 Aug 2024, 3:55 am
PS: I think in these restaurant/alcoholic beverage cases, your only hope of winning is to weaken the cited mark through third-party evidence and then distinguish the two marks. [read post]
26 May 2021, 7:33 am
Case date: 10 March 2021 Case number: No. 20-10785 Court: United States Court of Appeals, Eleventh Circuit A full summary of this case has been published on Kluwer IP Law. [read post]
4 Apr 2019, 9:48 am
Mark C. [read post]
24 May 2011, 7:36 am
" "The agreement with White & Case marks a historic opportunity underscoring the importance of globalization of legal education and the legal profession in India," said Professor C. [read post]
2 Apr 2009, 4:00 am
Arena, 90 USPQ2d 1102 (TTAB 2009) [precedential].The Board asserted that "the critical question in this case is whether the mark was in use in connection with the identified goods as of the filing date of his used-based application. [read post]
24 Jul 2009, 1:02 am
However, the judge did not err in applying Article 7(1)(e); what he had actually done was to state that the policy underlying that article was relevant to the assessment of whether there was a sufficient similarity for the purposes of Article 9(1)(c), both the mark and the sign being shapes. * An assessment of similarity had to be carried out on a global basis by reference to the degree of similarity between the mark and the sign (here the Court cited Case C-252/07 Intel… [read post]
3 Jul 2017, 4:00 am
Anderson and Mark Price, then reported to LSU E.A. [read post]
3 Jun 2007, 7:53 am
Trade-mark Regulation Amendments: The more substantive amendments to the Trade-mark Regulations deal with the granting of extensions of time at various steps in opposition proceedings. [read post]
23 Jun 2008, 9:07 am
The Daily Journal is reporting (link unavailable) that Judge Kozinski has hired Kirkland & Ellis’s Mark Holscher to represent him in a pending judicial misconduct inquiry. [read post]
24 Apr 2007, 7:17 pm
" Rich was under an obligation to investigate thoroughly before signing the declaration.The Board observed, however, that Rich could have avoided fraud by correcting his misstatement before the mark was published, in which case the misstatement would not have been material:"The subject application, filed under Section 1(a) of the Trademark Act, would have been refused registration but for applicant's misrepresentation regarding his use of the mark. [read post]
9 Jun 2011, 2:08 am
”The Board therefore reversed the refusal.TTABlog note: For a case in which unlawful use was found based on a prior court judgment, see the 2010 "HERE'S JOHNNY" precedential decision [TTABlogged here].Text Copyright John L. [read post]
21 Jun 2017, 5:00 am
In a case handled by our firm, the TTAB recently affirmed the refusal of the mark LITTLE MERMAID for use in connection with dolls. [read post]
25 Jun 2010, 9:36 am
Although parties to litigation enjoy a wide latitude in amending pleadings, the ability to change one's case theory midstream has its limits. [read post]
14 Apr 2020, 4:38 am
In any case, a Google search of the word "Reagan" yielded information about Ronald Reagan as "the number one hit of over 93,000,000 results. [read post]
24 Apr 2020, 7:51 am
Out-Of-Uniform, Unmarked Vehicle Stop: In some states, off-duty police officers who are neither in uniform nor in a marked vehicle cannot conduct traffic stops. [read post]
17 Feb 2015, 6:24 am
A recent example was seen in the case of Marks v. [read post]
17 Sep 2009, 12:30 am
Today is Constitution Day, marking the 222nd anniversary of the signing of the 1787 Constitution. [read post]
10 Jun 2024, 5:46 pm
“Massachusetts middle schooler banned from wearing ‘only two genders’ shirt loses federal appeals case; His attorneys were considering a Supreme Court appeal”: Rick Sobey of The Boston Herald has this report. [read post]
