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18 Sep 2017, 6:36 am
Weatherall, The Consumer as the Empirical Measure of Trade Mark Law, The Modern Law Review, Vol. 80, No. 1, pp. 57-87, 2017Although consumer responses to signs and symbols lie at the heart of trade mark law, courts blow hot and cold on the relevance of empirical evidence – such as surveys and experiments – to establish how consumers respond to alleged infringing marks. [read post]
31 Jul 2013, 1:29 am
This opposition was based on the following grounds: • Similarity to Vin & Sprit's mark ABSOLUT, registered in Morocco for goods in classes 16, 35, 41, and 43 since January 2010;• The mark ABSOLUT was previously registered in its country of origin (i.e. [read post]
14 Apr 2023, 5:15 am
Both marks cover real estate services, but Charger amended its application to specify residential real estate services, whereas the earlier mark specified services related to commercial real estate property. [read post]
20 Nov 2023, 9:15 am
Alternatively, in any case of infringement “involving” a counterfeit mark, the Act provides for awards of statutory damages of up to $200,000; it provides for statutory damages of up to $2,000,000 if the use of the counterfeit mark was willful. 15 U.S.C. [read post]
11 Mar 2015, 9:39 am
Cogan that the mark PHOTOGREFER is merely descriptive of "online referrals in the field of photography," under Section 2(e)(1). [read post]
12 Dec 2022, 9:23 am
One of the those quoted (some would say "mocked") in the speech was Slate's Mark Joseph Stern. [read post]
1 Feb 2010, 11:00 pm
Sometimes bad choices will really leave a mark on your case. [read post]
31 Mar 2010, 3:59 am
My friends at the MBHB law firm have created a new information resource on the pending false marking patent cases. [read post]
28 Feb 2012, 3:48 am
Ergo, collateral estoppel applied.As to the FUTURE MOTORS mark, however, collateral estoppel did not apply because the prior proceeding did not concern that particular mark, but instead the marks FUTURE and FUTURE/TOMORROW & Design. [read post]
23 Aug 2012, 3:19 am
"The Board, however, ruled that the mark is unitary, and therefore that the examining attorney had improperly dissected the mark. [read post]
25 May 2011, 2:43 am
Despite the identity of the involved marks, the Board reversed a Section 2(d) refusal to register the mark HOMER for financial engineering software and services for institutions, accredited investors, governments, hedge funds, and bankers, finding it not likely to cause confusion with the same mark registered for "savings and loan financial services. [read post]
8 Apr 2011, 2:05 am
The Board found the mark likely to cause confusion with the registered mark LOWESTFARE.COM for Internet travel agency services. [read post]
23 Apr 2012, 3:14 am
Scientific Solutions, LLC, Cancellation No. 92051031 (March 30, 2012) [not precedential].Not surprisingly, the Board found the marks to be very similar in sound, appearance, meaning and commercial impression, since the literal portions of the marks are identical. [read post]
25 Jan 2008, 5:11 am
It ruled that the subject mark had not acquired distinctiveness under Section 2(f) and that Respondent's use of the mark had not been substantially exclusive. [read post]
23 Aug 2010, 2:29 am
" And its Section 2(e)(1) claim fell well short of the mark. [read post]
28 Apr 2009, 8:23 am
Complainant has registered the mark in various countries, including the USA and Mexico, and has pending applications to register the mark in other countries, including Canada. [read post]
4 Oct 2009, 9:43 am
Often confused with dilution, called "famous marks doctrine. [read post]
12 Dec 2006, 5:05 am
[Mark Godsey]... [read post]
12 Jan 2012, 8:58 am
Mark Schmitt reports for the National Memo. [read post]
24 Jun 2009, 4:39 am
A pair of posts from Mark Durney. [read post]
