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29 Apr 2010, 2:29 am by John L. Welch
In a mere seven pages, the TTAB affirmed a Section 2(d) refusal to register the mark THE ORIGINAL CHUBBYS MEXICAN FOOD for bar and restaurant services [THE ORIGINAL and MEXICAN FOOD disclaimed], finding the mark likely to cause confusion with the registered mark EL CHUBBY'S for "restaurant services featuring Mexican food. [read post]
11 Jul 2008, 4:10 pm
In this 15 minute Speaking of Settlements podcast John Darer, Scott Drake and Mark Wahlstrom, Chairman of the Legal Broadcast Network (LBN) discuss the loss of market capitalization among insurers in the AM Best index of publicly traded insurance companies (reported in Best Week on June 30, 2008) and the impact of the losses on stakeholders to tort settlements. [read post]
22 Jan 2009, 2:14 pm
Mark Ashton, a partner in our Exton (Chester County), Pennsylvania office and the editor of our Pennsylvania Family Law Blog, wrote an interesting post entitled "Property Settlement Agreements: Be Careful What You Sign Up For", on that blog. [read post]
20 Dec 2012, 7:00 am by Docket Navigator
The court denied defendant's motion for summary judgment that plaintiff was estopped from asserting noninfringement under the patent marking estoppel doctrine. [read post]
2 Nov 2021, 1:29 am by Neil Wilkof
First, the offending sign must be similar to the registered mark ("Similar Mark Element"). [read post]
25 Nov 2013, 7:45 pm
  The Starbucks Marks are so highly recognizable that they are considered famous trade marks for the purposes of trade mark law. [read post]
1 May 2024, 3:31 am by Alessandro Cerri
 The grounds relied on in support of the Opposition were those in Article 8(1)(b) and (5) of the EU Trade Mark Regulation 2017/1001 (EUTMR), namely that an application to register an EUTM will be refused where the mark applied for is identical or similar to an earlier trade mark and there is exists a likelihood of confusion, or where the use without due cause of the trade mark applied for would take unfair advantage of, or be detrimental to, the distinctive… [read post]
5 Jun 2020, 4:12 am
Applicant Fan argued that many registered marks include the word SOCKS, but she provided no evidence of use of those marks. [read post]
28 Jul 2024, 7:08 am by Marcel Pemsel
However, an additional trade mark, which is clearly perceptible as such, will cause consumers to doubt that the stripe pattern is a trade mark. [read post]
10 Nov 2009, 5:25 am
When Mark later asked for modification of those rights, on the basis that he hadn't been found guilty of any misconduct, Jamie asked that the request be denied because Mark hadn't shown a "change in circumstances. [read post]
27 Sep 2010, 3:30 am by John L. Welch
On the other hand, applicant’s COACH marks call to mind a tutor who prepares a student for an examination.And so the Board concluded that Triumph’s COACH marks "are not similar to opposer’s COACH mark. [read post]
12 Oct 2010, 3:23 am by John L. Welch
Applicant AHL, Inc. applied to register the mark HOME STATE for firearms; its specimen of use showing the mark as applied to the goods appears immediately below. [read post]
30 May 2008, 4:19 am
Reversing a Section 2(d) refusal to register, the Board found the mark GRIP-RITE for "protective gloves for industrial use" not likely to cause confusion with the registered mark GRIPRITE for "footwear, namely, shoes and boots. [read post]
3 Dec 2013, 4:00 am by Martin Kratz
The lesson for owners of registered trade-marks is to ensure that take correspondence from the Trade-marks Office seriously. [read post]
1 Jun 2009, 11:00 pm
This is important in this case because, as set forth above, the record shows that the Paddington Bear character mark is a strong mark. [read post]
10 Apr 2008, 5:00 am
"Balancing all the relevant factors, the Board found that Respondent's registered mark is not likely to cause confusion vis-a-vis the registered mark of Petitioner.Text Copyright John L. [read post]
25 Jul 2008, 11:00 am
" The Board found this mark to be "highly similar" to the applied-for mark. [read post]
2 Jun 2006, 4:41 am
The evidence that BOX is a weak mark was pretty feeble, and given that the word "BOX" is the part of the registered mark that would be spoken, it seems to me that BOX is the dominant portion of that mark. [read post]