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20 Nov 2008, 8:27 am
A bit more information on the Mark Cuban insider trading case. [read post]
4 Dec 2007, 2:36 pm
Not only did the certification mark holder (ISC2) sue the individual, but it sued Google and Yahoo for various hosting activities. [read post]
8 Feb 2024, 7:53 am
The court identified three errors, (i) defendant’s prior record level being identified as V instead of IV, (ii) the marking of box 12 of the sentencing sheet for committing an offense while on pretrial release, and (iii) not marking the box on the aggravating factors sheet noting that defendant entered a plea to the aggravating factor. [read post]
15 Oct 2008, 10:00 am
How are these two marks any less distinctive than SUGAR AND SPICE, the oft-cited example of a distinctive, double entendre mark? [read post]
16 Dec 2009, 2:38 am
The Board notes, too, that cases involving questions of intent are often said to be unsuited to resolution by summary judgment. [read post]
17 Oct 2007, 4:39 am
None of those documents are self-authenticating.Turning to the merits of the controversy, the Board found that "even under the less rigorous 'viable relationship' standard applied in cases where the parties' marks are identical," Varian's services are "dissimilar and unrelated to" Opposer's goods and services. [read post]
25 Oct 2007, 11:16 pm
"The appellate court therefore reversed the district court judgment and remanded the case to the district court for further proceedings consistent with its ruling.Text Copyright John L. [read post]
23 Feb 2011, 2:04 am
The Board didn't waste much time on the substantive issues in sustaining a Section 2(d) opposition to registration of the mark MYCHEW in the stylized form shown below, for candy, finding it likely to cause confusion with the registered mark HI-CHEW in stylized form, also for candy. [read post]
28 Nov 2016, 3:21 pm
Prior case law demonstrates that mere sporadic, minimal use of a mark generally is insufficient as a basis for prevailing in a priority dispute. [read post]
28 Nov 2016, 3:21 pm
Prior case law demonstrates that mere sporadic, minimal use of a mark generally is insufficient as a basis for prevailing in a priority dispute. [read post]
12 May 2010, 6:00 am
In this case, the date was 2 August 2006.Section 42(b)An application for registration of a trade mark must be rejected if its use would be contrary to law. [read post]
16 Feb 2011, 2:40 am
It does arise in the present case, however. [read post]
8 Jun 2011, 4:41 pm
Matthew Belloni A Missouri judge has set a February trial date but the studio says it will digitally change the mark on Ed Helms' face after the film's theatrical run. read more [read post]
23 Nov 2011, 9:10 am
Cuban's prior motion focus on the events and information from the period of the SEC's investigation and the now on-going litigation – not during the events in dispute.The SEC brought its insider trading case against Mark Cuban in November 2008, alleging that, prior to the public announcement of Mamma.com's PIPE offering, Mr. [read post]
20 Nov 2009, 1:52 pm
In order for a case to exist, a person must use a trademark or service mark. [read post]
26 Mar 2010, 9:42 am
The case now moves on to trial. [read post]
30 Jan 2019, 6:29 am
Importantly, the assessment of the facts and the evidence does not – except in cases of misrepresentation by the General Court – constitute a point of law examined by the CJEU in an appeal.The Court went on to state that it is sufficient that one of the absolute grounds for refusal laid down in Article 7(1) EUTMR is applicable in the case at hand in order for a sign not to be regarded as registrable as an EU trade mark. [read post]
23 Jan 2013, 3:38 am
Considering all the evidence, the Board concluded that Hershey established a prima facie case of acquired distinctiveness that the PTO failed to rebut.Kallamni v. [read post]
18 Jul 2023, 3:27 am
The Board sustained that claim as to the following; “all-purpose sport bags; backpacks; wallets; handbags; travel cases; brief cases; key cases; business card cases containers for household use; sweat bands; sweat suits; sweat jackets; socks; shorts; tank tops; tube tops; halter tops; footwear; jackets; coats; gloves; belts; online retail store services featuring wallets; online wholesale store services featuring wallets," and ordered that those goods… [read post]
19 Nov 2013, 9:48 am
In an acute case of "be careful what you ask for", Starbucks' expedited trial went exceedingly pear-shaped when it lost its claim and its Community trade mark (on which see this Kat's note here). [read post]
