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4 Apr 2023, 3:42 am
., In re S’holders Data Corp., 495 F.2d 1360, 181 USPQ 722, 723 (CCPA 1974) ("Although the Act does not define 'goods,' the definition of a 'trademark' in section 45 declares that it is used 'to identify goods' and section 2 refers to 'goods in commerce.'"). [read post]
6 Aug 2021, 11:40 am
This was especially true back in 2008, before patent examiners should have applied guidance from the Supreme Court’s 2014 Alice v. [read post]
18 Feb 2015, 2:52 am
Graham’s images. 1709 readers will remember Mr Prince from the 2013 U.S. case of Cariou v Prince where Mr Prince largely succeeded with his fair use defence after 'transforming' Mr Cariou's photographs of Rastafarians in Jamaica. [read post]
15 Jun 2020, 10:50 am
Those of us following the Nokia v. [read post]
8 Oct 2019, 12:01 pm
But the motion notes that--as this blog has also reported--the Munich Higher Regional Court will hear Conti's appeal on Halloween, and should the existing AAIIs be lifted, Conti will inform Judge Koh and will presumably seek an extension to those cases.The exclusion of those ten pending Nokia v. [read post]
22 Aug 2019, 1:30 am
Luckily the CJEU took this question on and handed down its judgment only a few weeks ago.The case of Spiegel Online GmbH v Volker Beck concerned a manuscript written by a German politician, Volker Beck. [read post]
9 Sep 2023, 4:22 am
German national courts would presumably apply the Sisvel v. [read post]
30 Jun 2019, 3:00 pm
The apple for the day, just to be sure you keep the doctor away, is Apple Inc v. [read post]
19 Mar 2015, 10:49 am
So, provided that absolute and relative grounds serve different purposes -– the protection of (i) a general interest and of (ii) the individual trade mark holder -- the AG stated that the relevant public has only one overall impression of the mark -- but that, for absolute grounds of refusal of registration the focus is on possible connections between the mark or its components and the goods and services covered while, for relative grounds, the focus is on the process… [read post]
14 Jun 2017, 3:52 pm
Further, like all other testimonial privileges, it can be waived if the holder of the privilege, e.g. [read post]
29 Oct 2020, 2:22 am
In light of the Gillette principle, it would not be justified to grant the patent holder protection against products that are not novel or inventive over the prior art (an issue that was also touched upon by Arnold LJ in FibroGen v. [read post]
26 Nov 2019, 8:50 am
The FTC, too, notes that "[s]pecial deference is paid to a trial court's credibility findings," as the Ninth Circuit stated in Exxon Co. v. [read post]
10 Mar 2014, 7:35 am
Perhaps a set of basic governance devices as models would serve a useful purpose as well.In any case, this has been a long time coming in the United States. [read post]
5 Nov 2018, 3:32 pm
National Collegiate Student Loan Trust 2006-4 v. [read post]
28 Sep 2011, 10:40 am
Naxos, 830 NE 2d 250 (2005).See Goldstein v. [read post]
22 Apr 2020, 1:13 pm
The position is created pursuant to the state constitution, currently at Article V, Section 1 of the 1970 Illinois Constitution. [read post]
12 Aug 2011, 7:27 am
’ (quoting Pure Power Boot Camp v. [read post]
31 Mar 2022, 2:22 pm
” United States v. [read post]
12 Jun 2018, 12:23 pm
Taney didn't do it, but, if one can accept Story's similarly-motivated opinion in Prigg v. [read post]
3 Feb 2008, 10:42 pm
Additionally, if the proposal was included in the proxy statement, the board would have had an opportunity to state its reasons for opposition. [read post]