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5 Jun 2023, 8:12 pm by Ilya Somin
While the facts may seem silly, the case does raise some serious issues.] [read post]
20 Jul 2012, 1:05 am by John L. Welch
As previously noted, some say that one may predict the outcome of a likelihood of confusion case just by looking at the marks and the goods or services involved. [read post]
30 Jan 2008, 1:59 am
We find applicant's long, and apparently exclusive, use of the marks persuasive evidence of the absence of such a need -- for over sixty-five years in the case of the SUGAR NO. 11 and SUGAR NO. 14 marks and one hundred and thirty-five years in the case of the COTTON NO. 2 mark. [read post]
2 Jul 2011, 1:33 pm by Pamela Pengelley
loss of electronic data mark twain passenger pigeon, jane Austin ogle co uk more information our privacy practices go full ponemon institute + sony damages + 24 billion + includes lawsuits? [read post]
22 Aug 2007, 5:36 am
In re Welch, Serial No. 78669946 (August 20, 2007) [not precedential].Applicant argued that the mark, although comprised of the telescoped descriptive words TTAB and BLOG, "possesses an analogous distinctive characteristic to that of the double-entendre cases, namely, its 'tongue-twisting' pronunciation. [read post]
12 Feb 2007, 10:02 pm
Strick cases (which STL discussed here), which likewise found that dilution had not occurred under the new standard. [read post]
26 Jul 2007, 11:20 pm
Mark Steyn continues his excellent analysis of the criminal case against Conrad Black (prior posts here) with this lengthy piece on the trial, in which he agrees with me regarding the defense team's decision not to have Lord Black testify: When Black declined to testify in his own defence, the result was that he was defined only by the glimpses of him permitted by the government: he was the guy who, in Alana's phrase, got the money, and sent boorish emails, and installed… [read post]
27 Sep 2010, 3:30 am by John L. Welch
Emeny case [TTABlogged here], where Opposer Intel was found to have standing to challenge Emeny's bona fide intent when he applied to register the mark IDEAS INSIDE, even though Intel had dropped its Section 2(d) and dilution claims.Text Copyright John L. [read post]
25 Nov 2013, 7:45 pm
  However, the District Court discounted the survey findings because (1) the survey only asked people about associations based on the pronunciations of the word marks rather than in context as used in commerce (including packaging, as well as house brand names such as The Black Bear Micro Roastery), and (2) because association by only 30 percent of respondents seemed low in comparison to other trade mark dilution cases in which survey results showed… [read post]
10 May 2019, 9:12 am by Eric Goldman
Most cases assess this threshold nominative fair use question in a straightforward way: is the mark being used in its non-trademark sense, as a descriptor, or in its trademark sense, as a reference to the mark owner? [read post]
3 Sep 2024, 8:01 am by Tom Smith
In case Twitter had somehow failed to notice the directive, then–Senator Harris said: “And I am asking that Twitter does what it has done on previous occasions, which is revoke someone’s privilege because they have not lived up to the advantages of the privilege. [read post]
30 Jun 2019, 3:00 pm
The relevant public to be taken into account with regard to the goods claimed in this case is the broad public which, quite effortlessly, will not think about the fruit when seeing the sign APPLE but will make the connection with the company Apple Inc.Therefore, the Federal Supreme Court concluded that, with regard to the contested goods in class 14 and 28, APPLE is understood as a commercial indication of source and therefore APPLE is capable with regards to those goods to distinguish the… [read post]
19 Nov 2019, 3:22 am
Applicant Blissman admitted that the OLD NAVY mark is famous, and in any case opposer provided evidence of its sales in the billions of dollars, widespread advertising and promotion of the brand, and its status among the leading apparel retailers. [read post]
3 Jan 2017, 5:11 am
" The Board recognized, however, that in some cases, this decision is made hastily and under duress. [read post]
18 Mar 2011, 2:26 am by John L. Welch
However, the marks were not for cleaning preparations and, in any case, Applicant did not submit copies of the registrations, as required.Finally, Applicant pointed to the lack of actual confusion, but of course that carries little weight, "especially in an ex parte context. [read post]
27 Aug 2007, 7:32 am
In case trademark owners needed more reason to monitor use of their marks (other than possible loss of rights), they have one now.Photos of the caps in question after the jump. [read post]
10 Jun 2010, 1:18 pm by The Harman Firm
The individual, Velma Craig, claimed that the cards carried the "mark of the beast", and were a symbol of the devil's manifestations. [read post]