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7 Apr 2023, 10:51 am by Rebecca Tushnet
Instead of focusing on damages, we’re focusing only on suspensions and giving both carrots and sticks [read post]
18 Jan 2013, 11:37 am by Rebecca Tushnet
  People simply do what they’re going to do, or work around it. [read post]
2 Jul 2024, 4:19 am
Ohio District Court, Despite Default, Stays Infringement Action in Favor of Pending TTAB Proceeding Divided 9th Circuit Says District Court Has Power to Adjudicate TM Applications Three Recent TTAB Inter Partes Decisions of Interest Text © John L. [read post]
4 Aug 2023, 12:57 pm by Rebecca Tushnet
Josh Sarnoff: end of liberalism v. paternalism—we’re seeing that play out in IP. [read post]
16 Feb 2023, 6:35 am by Rebecca Tushnet
” [Though of course that’s for an issued registration; nonetheless this really would be suited for a petition to cancel—the problem Jones faces is that while we’re waiting for the statement of use, if it ever comes, there doesn’t seem to be anything he can do at the PTO.] [read post]
3 May 2015, 10:33 pm
******************PREVIOUSLY, ON NEVER TOO LATENever too late 42 [week ending on Sunday 26 April] – C5's annual Pharmaceutical Patent Term Extensions Forum | UPC: patent attorney and client discuss | CJEU’s 2014 report | PUMA v PUDEL | Leaked Digital Single Market Strategy | Again of the EU Patent Package  and alleged dangers| EU TM reform | Is Svensson’s new public ok? [read post]
27 Feb 2017, 1:22 pm
Mark Schweizer discusses Stowarzyszenie ‘Oławska Telewizja Kablowa’ v Stowarzyszenie Filmowców Polskich, ECLI:EU:C:2017:36, which addressed a preliminary ruling regarding the interpretation of Article 13 of the Enforcement Directive.Trader keeps the [good] faith in a spare part in trademark doublebillKatfriend Kevin Wong gives his insights on Audi AG v Lim Ching Kwang, [2017] SGIPOS 2, TM No. [read post]
21 Oct 2013, 3:22 am
and Article 40(5) of the proposed Directive re “Designation and classification of goods and services” reads The use of general terms, including the general indications of the class headings of the Nice Classification, shall be interpreted as including all the goods or services clearly covered by the literal meaning of the indication or term. [read post]
30 Sep 2016, 4:18 am
Precedential No. 20: TTAB Dismisses 2(d) Opposition, Opposer Fails to Prove Rights in SEXSTROLOGYRecommended Reading:Recommended Reading: Rebecca Tushet - "Registering Disagreement: Registration in Modern Trademark Law"Other: Christopher Larkin Appointed As TTAB Administrative Trademark JudgeErik Pelton's Report on Sept. 16th TPAC MeetingTTABlog Tweets and Re-TweetsTTAB Posts September 2016 Hearing ScheduleTTAB Posts August 2016 Hearing ScheduleNYIPLA Seminar: "Hot… [read post]
14 Oct 2016, 9:39 am by Rebecca Tushnet
We think we’re consistent even if there are problems. [read post]
6 Oct 2022, 4:05 am
13th DuPont Factor Saves Four "GAIA" Marks For Supplements From Section 2(d) Refusal Precedential No. 28: Nunc Pro Tunc Assignment Confirming Oral Agreement Suffices to Establish Priority Precedential No. 26: TTAB Denies "HAPPIEST HOUR" Cancellation Petition for Failure to Prove Priority Via Technical or Analogous TM Use TTABlog Test: Is "THE CHIRO PLACE" Confusable With "THE CHIRO SPOT" for Chiropractic Services? [read post]
20 Sep 2013, 4:44 am by Rebecca Tushnet
Sept. 3, 2013) I’m blogging this case because it has interesting TM/branding implications. [read post]
7 Feb 2013, 9:09 am
She said, with a wail, “What I need’s a ‘re-tail’. [read post]
11 Jul 2018, 2:48 am
" Respondent never used the "tm" or "R" symbols in connection with its antennas, and prior to the filing of its application it took no action to notify competitors that it considered the shape to be a trademark. [read post]
19 Jul 2013, 8:32 am by Mathews P. George
IPAB re-affirmed the aforesaid position in the Instant Order. [read post]
10 Aug 2015, 1:45 am
* We’re still waiting for some help with lookalike brands, Baroness! [read post]
20 Apr 2015, 4:18 am
 Never too late 39 [week ending Sunday 29 March] – Merpel writes to the EPO AC | CJEU and hyperlinks | New gTLD regime | AG on TM reputation and genuine use in Case C‑125/14 Iron & Smith Kft v Unilever NV | AMBA speaks | Digital exhaustion | CJEU on linking to live shows in Case C-279/13 C More Entertainment| EPO Enlarged Board on amendments’ clarity in G 3/14 | EPO on patentability in cases G 2/12 (Tomatoes… [read post]
8 Jun 2015, 4:20 am
This makes good news if you're always in catch-up mode: it won't take too long to bring yourself up to speed! [read post]
3 Feb 2016, 2:10 am
 Like trade marks, they’re heavily dependent on images, which makes large scale analysis challenging. [read post]