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2 Jun 2010, 4:09 am
Both parties used the marks in the same area and manner. [read post]
9 Jul 2008, 11:00 am
"The Board concluded that the mark in the specimen has a different connotation, pronunciation, and appearance than the mark in the drawing. [read post]
24 Apr 2008, 8:18 pm
Particularly through survey evidence, they can help establish if a mark is generic (and hence unprotectable); that a descriptive mark has acquired secondary meaning (and therefore is protectable); that a mark has actually confused or is likely to confuse consumers with another mark; that a mark is famous; and that one user’s mark is likely to cause dilution by blurring or dilution by tarnishment. [read post]
17 May 2010, 2:36 am
" This results in a "substantial difference between applicant's mark and the mark in opposer's '333 registration. [read post]
13 Nov 2009, 4:23 am
MARK HEMINGWAY: NYT dishonestly distances Biden from alleged corruption. [read post]
27 Sep 2011, 7:46 pm
Again, from SAIC: Article 29 “Where two or more applicants for trademark registration in the same or similar goods on the same or similar trademark applications for registration, application for preliminary approval and announcement earlier trade mark; the same day the application, preliminary approval and prior use of the trademark notice, others rejected the application, not to notice. [read post]
17 Nov 2021, 8:25 am
Under the Rogers test (which restricts Lanham Act liability to protect First Amendment interests), the use of a trademark is actionable only if the use of the mark or other identifying material (1) has no artistic relevance to the work and (2) is explicitly misleading as to the source or content of the work. [read post]
5 Nov 2010, 10:46 am
Woods allowed the situation to spiral out of control and he lost his family, hundreds of millions of dollars, and his ability to focus on his profession.Facebook and Mark Zuckerberg should openly embrace and promote the movie, "The Social Network" because downplaying the movie and/or ignoring it enables others to own the narrative. [read post]
17 Nov 2021, 8:25 am
Under the Rogers test (which restricts Lanham Act liability to protect First Amendment interests), the use of a trademark is actionable only if the use of the mark or other identifying material (1) has no artistic relevance to the work and (2) is explicitly misleading as to the source or content of the work. [read post]
13 Feb 2016, 6:12 am
Mark Skurka’s Office in Corpus Christi? [read post]
14 Jan 2017, 8:13 am
According to a press release issued by the US Attorney’s office in the Southern district of Ohio, Mark F. [read post]
19 Oct 2014, 6:33 am
Marks, an appeal heard in the United States Court of Appeals for the Eight Circuit, involved a defendant who pleaded guilty to conspiracy to distribute cocaine and to launder money. [read post]
23 Dec 2017, 9:25 am
Since the enactment of the 1905 Trademark Act, the USPTO has had the power to refuse registration to marks deemed immoral, scandalous, deceptive, or disparaging. [read post]
8 Jun 2011, 8:58 am
Welcome to SmartTalk, episode 16, in which Victor and Mark explore whether law firms can be like factories, the loneliness of the solo practitioner, the very model of a modern law firm general, Mark's mad skillz with a calculator, how Woody Allen expresses Mark's business philosophy while The Godfather expresses Victor's, the hugely growing audience of SmartTalk — and Victor and Mark's plot to sell ads on their podcast in order to get… [read post]
26 Oct 2010, 4:04 am
Och-Ziff Management Europe Ltd and another v OCH Capital LLP and others [2010] EWHC 2599 (Ch) ; [2010] WLR(D) 265 “Purely internal use of a trade mark by its proprietor was not ‘genuine use’ of that mark and that internal use was not ‘use’ of a mark as a trade mark at all. [read post]
23 Oct 2013, 1:52 pm
Fifthly, the inconvenience caused to the proprietor of the earlier mark if the later mark is registered. [read post]
14 Oct 2015, 2:51 am
This distinction is well known under EU trade mark law: for example, the criteria for establishing distinctive character of an applied-for sign are the same in all cases, but they are applied differently to, eg, word marks, shape marks and non-traditional marks].* The registration of earlier trade marks as collective marks cannot, per se, give rise to a presumption that those marks have average distinctive character [read post]
22 Nov 2010, 2:38 am
The Examining Attorney refused registration, deeming the mark likely to cause confusion with the registered mark PLATINUM for tires. [read post]
16 Nov 2006, 10:44 am
Blurring is defined as an association arising from the similarity between a mark and a famous mark that impairs the distinctiveness of the famous mark. [read post]
4 Dec 2014, 7:53 am
The doctrine typically involves the interrelation among three marks: a senior user’s original mark, a junior user’s intervening mark, and the senior user’s revised mark. [read post]
