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6 Sep 2019, 6:46 am by Eric Goldman
Google because it only survived the plaintiff’s claim for breach of implied covenant of good faith and fair dealing. [read post]
2 Jul 2021, 4:27 am by Peter Groves
In reviewing Lord Hoffmann's reasons in OBG for imposing the requirement, they listed seven good reasons for it, which should be enough for anyone. [read post]
9 Jul 2010, 11:15 am by JB
OPM and the unconstitutional conditions argument in Mass v. [read post]
23 Oct 2018, 3:05 am by Walter Olson
Tags: Article V, constitutional law, juries [read post]
26 Oct 2015, 5:30 am
In comparing the goods involved, the Court noted that the Board of Appeal in fact compared the goods at issue with those of the mark applied for in Classes 3 and 21, in the same way as the Opposition Division. [read post]
3 May 2022, 2:58 am by Becky
McDonald’s has filed applications for McDONALD’s, MCCAFE, and its M Logo covering, among other things, “[v]irtual food and beverage products” in Class 9 and “[o]perating a virtual restaurant featuring actual food and beverages” in Class 43 (see here, here and here). 2. [read post]
2 May 2016, 3:15 am
Mini Melts, Inc. v Reckitt Benckiser LLC, Opposition No. 91173963 (April 27, 2016) [precedential].Likelihood of Confusion: Not surprisingly, the Board found the marks to be virtually identical, and therefore this first du Pont factor weighed heavily in opposer's favor. [read post]
4 Dec 2023, 9:10 am by Marcel Pemsel
However, the assessment of the inherent distinctive character of a sign must be made only by reference to the goods and services and the perception of the sign in question (Henkel v OHIM, C-456/01 P at para. 35). [read post]