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16 Apr 2019, 2:00 am by DONALD SCARINCI
The Federal Circuit disagreed, concluding that the Lanham Act’s scandalous-marks provision is unconstitutional. [read post]
15 Apr 2019, 9:01 pm by Dennis Crouch
Some interesting points of the discussion: does the “scandalous” nature of the mark apply to the public as a whole or only potential consumers (gov says “public as a whole”); if the statute is struck down, can the PTO still reject obscene marks (ans: yes, if not used in commerce). [read post]
15 Apr 2019, 1:44 pm by Mark Walsh
Chief Justice John Roberts tells Sommer that even if Brunetti’s shirts aren’t sold at Walmart, they’re “going to be worn on people walking down through the mall. [read post]
15 Apr 2019, 8:41 am by elizabethw
(Continuing with India as example, there are no resources under X, Y, Z or # – but V has Venkateswaran on Trade Marks And Passing-Off & Vithalbhai B Patel : Law on Industrial Disputes) When you have a source that you wish to read highlighted in the left hand column – then the right hand column offers a search within the source or a hyperlinked table of contents for books or lists of years for other sources meaning you can drill down to particular content. [read post]
15 Apr 2019, 3:54 am by Franklin C. McRoberts
After years of litigation, which whittled down Barrison’s claims to just three: (i) fraud, (ii) negligent misrepresentation, and (iii) equitable estoppel, the parties moved and cross-moved for summary judgment. [read post]
15 Apr 2019, 2:24 am by INFORRM
On 10 April 2019, Warby J handed down judgment in the data protection case of Rudd v Bridle & anr [2019] EWHC 893 (QB). [read post]
14 Apr 2019, 3:28 pm by Giles Peaker
I’d suggest sitting down before you read this. [read post]
14 Apr 2019, 10:52 am by markshermanlaw
The post Here’s How to Fight Your Greenwich Connecticut Risk of Injury Arrest appeared first on The Law Offices of Mark Sherman. [read post]
14 Apr 2019, 9:41 am by Steve Kalar
Apr. 9, 2019), decision available here.Players: Decision by Judge Mark Bennett, joined by Judges M. [read post]
12 Apr 2019, 2:50 pm by Rebecca Tushnet
Is market definition in fact ubiquitous in trademark law analysis because it is an inquiry implicitly undertaken whenever a mark owner defines the underlying goods or services with which the mark is used? [read post]
12 Apr 2019, 1:50 pm by Hirsch & Lyon
Poorly Marked Crosswalks Crosswalks must be made visible to incoming traffic. [read post]
12 Apr 2019, 1:43 pm by Rebecca Tushnet
Most scholars like it for reducing inadvertent, lazy overclaiming: if you want to claim it, write it down. [read post]
12 Apr 2019, 10:51 am by Alfredo Ramos
If it is an option, it can save legal headaches down the road. [read post]
11 Apr 2019, 4:02 pm by Cindy Cohn
” The interception of communications was first revealed in 2006 by a whistleblower working for AT&T in San Francisco, Mark Klein. [read post]
11 Apr 2019, 12:32 pm
Last Thursday Advocate General (AG) Kokott handed down her Opinion in case C-104/18 P Koton Mağazacilik Tekstil Sanayi ve Ticaret AŞ v Euipo (C-104/18 P). [read post]
10 Apr 2019, 4:52 pm by INFORRM
Turning to the alleged facts, Mitting J accepted that police officers observed red marks on Mrs Stocker’s neck two hours after the incident. [read post]
10 Apr 2019, 9:00 am
Stuart considered that five years is not necessarily too long for a mark holder to claim a monopoly right if there is a genuine intention to use the mark. [read post]
10 Apr 2019, 5:28 am by Evelyn Douek
Mark Zuckerberg is unlikely to find himself in an Australian jail anytime soon, though. [read post]