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22 Jan 2016, 8:11 am by Rebecca Tushnet
The word mark was allegedly removed before the goods were shipped in commerce (which wouldn’t matter anyway, under Dastar). [read post]
22 Jan 2016, 5:08 am by SHG
But as Ken says, it’s a matter of attenuation. [read post]
21 Jan 2016, 8:26 pm
Or, you can email me at mark@blanelaw.com, or download any of my FREE Ebooks from this website. [read post]
21 Jan 2016, 11:02 am by corynne mcsherry
That ruling can’t be squared with Sony/Betamax, and misses the mark on how fair use is flexible enough to include uses never before seen; we look forward to seeing it overturned on appeal. [read post]
21 Jan 2016, 12:59 am by Jani Ihalainen
the debate around the the-dimensional marks.By way of a short introduction, the case of Société Des Produits Nestlé SA v Cadbury UK Ltd dealt with the arguably iconic Kit Kat chocolate bar. [read post]
20 Jan 2016, 12:28 pm by Rebecca Tushnet
While that was wrong as a matter of law, it was not a decision made in bad faith. [read post]
20 Jan 2016, 9:37 am
  The Judge begins his opinion by explaining that[t]his seven-count state tort action between non-diverse parties was initially filed in state court but then timely removed by defendants pursuant to 28 U.S.C. [read post]
20 Jan 2016, 7:51 am by Robin Shea
Why, politico and commentator Ned Barnett thinks Iowa and New Hampshire don’t even matter. [read post]
19 Jan 2016, 1:53 am
It shouldn’t come as a surprise that this is turning into a complicated mess – the change in the law is seeking to re-write history in relation to 16 years’ worth of CTMs, which is something in the region of 660,000 current registrations.Why not just decide on a mark-per-mark basis? [read post]
18 Jan 2016, 3:26 pm by Ron Coleman
Mars is lucky Judge Chin didn’t actually rule on the question as a matter of law, considering that parody hardly seems plausible here, though Burck urged him to do so in a motion to strike parody as an affirmative defense. [read post]
18 Jan 2016, 9:52 am by Gritsforbreakfast
Despite all the self-deportation rhetoric one hears from the nativist faction, making life tougher for these folks won't stop the flow of people coming here: “It’s hard to out-ugly what is happening in Central America, no matter what we do to them,” noted one observer. [read post]
17 Jan 2016, 10:01 pm by Cookson Beecher
Many also say it’s a matter of  food freedom — that consumers should be free to choose what they drink or eat. [read post]
15 Jan 2016, 1:15 pm by Alex R. McQuade, Cody M. Poplin
Don’t expect your next phone update to include these. [read post]
15 Jan 2016, 11:23 am by Rebecca Tushnet
”  This mattered in part because most of Select Comfort’s confusion evidence, according to defendants, involved only post-sale mistakes/confusion, and because the key question in Select Comfort’s survey didn’t test for source confusion (again, according to defendants). [read post]
15 Jan 2016, 11:14 am by Lauren Vodopia
” There, the defendant father, Mark Lisyansky and plaintiff mother Yvietta Matison, had twin children in 2004. [read post]
15 Jan 2016, 6:46 am by John Potter
Scam artists and con men often target senior citizens, because they see seniors as easy marks. [read post]
15 Jan 2016, 5:22 am
And so the Board reversed the refusal to register.Read comments and post your comment here.TTABlog comment: I wouldn't call this opinion a jewel of clarity. [read post]
14 Jan 2016, 1:36 am by Jani Ihalainen
By rejecting a mark the government is rejecting the expression contained in that mark, no matter if its used for a commercial purpose (as commercial speech) or not. [read post]