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4 Mar 2016, 2:44 am
However, that is not the case if that act is carried out by an independent operator without the consent of the advertiser, or even against his express will".Whilst publishing an advertisement that includes a trade mark may amount to "use" of that trade mark by an advertiser who has ordered it, that use keeps existing only inasmuch as the advertiser keeps consenting thereto. [read post]
15 Jul 2010, 6:50 am
"2nd Circuit Seems Open to Release of Some Chevron Film Outtakes; Chevron claims the outtakes will show that plaintiffs counsel Steven Donziger, who is seeking $27 billion in damages for environmental damage, engaged in misconduct in the case": Mark Hamblett has this article today in the New York Law Journal. [read post]
19 May 2022, 9:24 am
No court may even hear the case. [read post]
19 Apr 2010, 2:30 am
According to the research, in seven out of ten cases, improving road markings was sufficient to increase safety on British highways. [read post]
15 Nov 2007, 11:00 pm
Chiniewicz was originally charged with capital murder, but by trial the prosecutor had elected to proceed on the 1st degree felony charge of murder.The offer to settle the case was 40 to do. [read post]
4 Mar 2024, 4:17 pm
To mark its 20th anniversary, Jolliffe joins the Law Bytes podcast to talk about the CCH case, his strategy and insights from the hearing, and his thoughts on its impact many years later. [read post]
8 Dec 2016, 1:51 pm
In the case, a West Virginia federal district court awarded damages to an Evangelical Christian mine employee who who objected to biometric hand scanning to track time and attendance, believing that it involves the Mark of the Beast forbidden in the Book of Revelation. [read post]
25 May 2011, 2:43 am
”"In this case, we note that applicant’s purchasers, i.e., its “highly sophisticated” investors are “high net worth institutions and accredited individuals. [read post]
3 Aug 2020, 12:52 pm
From red zip ties to paperclip jewellery to even diagonal streetwalk lines, the brand has tried to register many a fascinating trade mark (you can read more about it on The Fashion Law, as linked above).In June - in much more straight-forward proceedings by comparison - the EU General Court (GC) examined one of Off-White’s figurative trade marks which featured the word ‘Off-White’ in case T-133/19. [read post]
13 Apr 2010, 2:17 am
"Because there are no restrictions in the cited registration, the Board "must assume that registrant's freight forwarding services are offered via ships to entities in the energy field, just as in the case of applicant's transportation of natural gas via marine tankers. [read post]
15 Sep 2008, 11:00 am
"Thus, the analysis used to determine whether applicant's present mark is 'the same mark' as its previously registered mark, for purposes of the rule, is the analysis used in tacking cases, i.e., whether the marks are legal equivalents. *** To meet the legal equivalents test, the marks must be indistinguishable from one another or create the same, continuing commercial impression such that the consumer would consider both as… [read post]
17 Jul 2023, 3:53 am
" Samjen argued that this case is analogous to In re Tia Maria, Inc., 188 USPQ 524 (TTAB 1975), in which the Board reversed a refusal to register TIA MARIA for restaurant services based on a likelihood of confusion with the mark AUNT MARY’S registered to one entity for canned fruit and another entity for canned vegetables and canned fruit. [read post]
29 Sep 2014, 3:14 am
Opposer had thus established a prima facie case of nonuse. [read post]
23 May 2014, 3:03 am
"Opposer pointed to a decision in another case, in which its VANITY FAIR mark was found to be famous, but the Board "was not privy to the evidence made of record" in that proceeding. [read post]
8 Dec 2023, 3:21 am
" And the Board pointed out that "there is no categorical rule that citation of registrations on the Supplemental Register is limited to registrations of 'substantially identical' marks for 'substantially similar goods,' or that a different test for likelihood of confusion should be applied in such cases. [read post]
7 May 2019, 2:58 am
"In short, "Petitioners failed to make the case that consumers will perceive that Respondent's MAXVOLINE mark is a combination Petitioners' VALVOLINE and MAX LIFE trademarks. [read post]
22 Oct 2020, 4:01 am
In any event, "the bare fact that the USPTO allowed six marks to register is of little persuasive value and does not dictate the result in this case. [read post]
21 Jan 2009, 4:00 am
First, restaurant services are not at issue in this case. [read post]
7 Feb 2010, 11:14 am
Mark Midei for implanting cardiac stents that may not have been necessary. [read post]
8 Jun 2015, 3:17 am
Or at least a close nexus between the new product and the old line of products (e.g., see the ROLL-X for x-ray tables case).The CAFC declined to reach the issue of likelihood of confusion between the mark iWatch and the mark SWATCH. [read post]
