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18 Mar 2013, 5:39 am by Rebecca Tushnet
  Dawn Donut makes sense in forward confusion cases, but not with a nationwide junior user who will cause the senior user to lose the value of its mark and control over its reputation. [read post]
5 Nov 2014, 4:36 am
The trade mark infringement action brought by Interflora against Marks & Spencer for use of its INTERFLORA trade mark as a keyword has been a regular source of content and comment on this weblog. [read post]
14 Jun 2013, 2:26 am by John L. Welch
And so the Board affirmed the refusal.Read comments and post your comments here.TTABlog comment: This case reminds me that the (ersatz?) [read post]
26 Mar 2013, 5:03 am by Mark Caruso
Contact New Mexico truck accident lawyer Mark Caruso at 505-883-5000 for a no-charge discussion of your case. [read post]
5 Nov 2013, 3:28 am by John L. Welch
TTABlogged here.The Board concluded that Young's intent at the time of filing was "merely to reserve a right in the mark" in case it was later approved for publication, and that he would "only at some unspecified future time begin developing a business." [read post]
10 Jun 2015, 3:07 am
To overcome that prima facie case, the mark owner must provide evidence either that it did not "discontinue" use of the mark, or that if such use has been discontinued, the nonuse of the mark was without "an intent not to resume" use. [read post]
23 May 2013, 2:49 am by John L. Welch
The Board pooh-poohed Applicant's submission of four third-party registrations for marks including the term "house calls" because the marks were quite different from the one at issue here; in any event each case must be decided on its own record.And so the Board affirmed the refusal.Read comments and post your comments here.TTABlog comment: Any WYHA's here? [read post]
31 May 2016, 4:07 am
Briefs and other papers for these cases may be found at TTABVUE via the links provided. [read post]
19 Nov 2013, 4:16 am
The is no statutory ipso facto right to register a mark for additional goods when items are added to a company's line of goods.And so the Board affirmed the refusal to register.Read comments and post your comment here.TTABlog note: Although the Board cites various cases involving "incontestability," those cases concern civil actions in federal court. [read post]
9 Mar 2018, 1:00 am
Recent cases such as Trunki and Actavis v Eli Lilly  in the Supreme Court and the CJEU ruling in Specsavers have drawn into focus the relationship between the representation contained on the patent, trade mark and design registers and the scope of protection conferred by those registrations. [read post]
1 Nov 2018, 2:59 am
Briefs and other papers for these cases may be found at TTABVUE via the links provided. [read post]
26 Jul 2010, 4:05 am by R. David Donoghue
 In that case, the Court held that marking with expired patents was actionable and that an individual citizen could bring a false marking action pursuant to 35 U.S.C. [read post]
31 Dec 2020, 1:45 pm by Rebecca Tushnet
” As the Ninth Circuit’s Tabari case indicates, unadorned use of a mark (here, two marks together) in a domain name is often going to suggest sponsorship or endorsement. [read post]
12 Dec 2022, 8:01 am by Bob Ambrogi
That means that when a document being drafted or reviewed in Clearbrief cites a case, the user will be able to read the actual case without the need to switch to a separate window or tab. [read post]
29 Aug 2019, 10:00 am by Josh H. Escovedo
They do not allow you to prevent people from utilizing a word, although I’m often surprised by how many people think that’s the case. [read post]
16 Jul 2012, 7:48 am
And should this continue to be the case? [read post]
16 Jul 2012, 7:48 am
And should this continue to be the case? [read post]
16 Jul 2012, 7:48 am
And should this continue to be the case? [read post]