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26 Feb 2017, 3:31 am
Katfriend Gill Grassie (Brodies LLP) discusses the matter of Tartan Army Ltd v Sett GmbH and Others [2017] CSOH 22. [read post]
25 Feb 2017, 6:41 am
This is a joint post by Mark Weidemaier and Mitu Gulati. [read post]
24 Feb 2017, 12:04 pm
After filing for incontestability, B&B sued Hargis again in 2006, and the court of appeals found that preclusion from the first trial didn’t apply because of the change in the mark’s circumstances from contestable to incontestable. [read post]
24 Feb 2017, 11:51 am
Whether Gorsuch played any significant role in advising Justice Kennedy on the term’s merits cases remains a private matter. [read post]
24 Feb 2017, 10:51 am
” The formal claim of privilege, which will be filed by March 8, must come from the head of the department that has control over the matter—likely CIA director Mike Pompeo. [read post]
24 Feb 2017, 10:05 am
I.e., won’t the consumer nearly always be “drawn to the products by viewing the prominent word mark, logos and the decorative colors? [read post]
24 Feb 2017, 6:56 am
” The FTC was reasonably likely to show that this disclosure didn’t disclose all material terms and obtain informed consent; CBC’s offer didn’t actually describe the membership. [read post]
24 Feb 2017, 6:33 am
“When you’re yelling, Congress isn’t listening,” Fitch said. [read post]
24 Feb 2017, 12:07 am
On the other hand, most important property was owned by and most important wealth transfers decide by individual adult males, generally not by females, no matter their earnings, nor by groups. [read post]
23 Feb 2017, 5:55 am
“They just don’t get it”, one of them said. [read post]
21 Feb 2017, 10:10 am
But secondary meaning isn’t born. [read post]
21 Feb 2017, 3:58 am
In the HBO Studio Restaurant matter, Home Box Office faces two big problems. [read post]
20 Feb 2017, 11:45 am
He advanced the argument that using disparaging matter as a trademark won’t be successful in the marketplace in the end, but he didn’t address the pink elephant in the room, namely the continued use of the R-Word by the Washington NFL football franchise in the Nation’s capital. [read post]
20 Feb 2017, 4:31 am
In sentencing, where judgment should matter most, I could not exercise my judgment. [read post]
19 Feb 2017, 9:01 pm
” We now know from the FBI reports that email information was already marked top secret at the time that Hillary Clinton received it on her home-brew server. [read post]
19 Feb 2017, 7:36 am
And if online retailers, as a practical matter, have to make the warning nationwide – does this trigger dormant commerce clause challenges? [read post]
19 Feb 2017, 3:53 am
by Mark I. [read post]
17 Feb 2017, 8:39 am
The impacts touched on both the interpretation of the clause but also complex issues of jurisdiction of courts seized with jurisdiction in or around the matter in other jurisdictions. [read post]
17 Feb 2017, 6:26 am
“When you’re yelling, Congress isn’t listening,” Fitch said. [read post]
16 Feb 2017, 8:44 am
But if that design or process is commonly known in the industry, it isn’t actually secret and won’t be protected under trade secret law. [read post]