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22 Jul 2011, 2:55 am
The Board pointed out once again that "the kind and amount of evidence necessary to establish acquired distinctiveness ... depends on the nature of the mark and the circumstances surrounding the use of the mark in each case. [read post]
14 Nov 2011, 7:09 am
In the generic case, the trade mark must have become a common expression (Landes and Posner note that here we delve into economics of language). [read post]
7 Nov 2007, 10:17 am
In the Spring it was the Ledbetter case--where the Supreme Court determined that a person has only 6 months from first receiving a pay check based on sex discrimination to file a sex discrimination lawsuit, even if every pay check she receives after the sixth month mark is also discriminatory. [read post]
4 Jan 2016, 3:42 am
Briefs and other papers for these cases may be found at TTABVUE via the links provided.January 5, 2016 - 10 AM: In re Booking.com B.V., Serial Nos. 85485097 et al. [read post]
14 Jan 2013, 5:33 am
The court joined the increasing number of courts to hold that eBay prevents a presumption of irreparable harm in a trademark case. [read post]
2 Nov 2012, 10:56 am
Is this a case where the "unilateral" action by the victorious party below warrants vacatur? [read post]
26 Aug 2015, 3:13 am
Here are four appeals that were decided on Monday, August 24th: two Section 2(d) likelihood of confusion cases, and two Section 2(e)(1) mere descriptiveness cases. [read post]
29 Dec 2023, 5:14 am
Marcel Pemsel reported on a recent decision from EUIPO’s board of Appeal that confirms the narrow scope of protection of lowly distinctive marks. [read post]
27 Nov 2014, 5:50 pm
The shoes and the ruler are marked "Sample Not for Resale. [read post]
19 Jan 2015, 9:30 pm
Mark S. [read post]
30 Jan 2019, 4:17 pm
After all, who knows better on how to handle a case? [read post]
9 Sep 2019, 12:21 pm
September marks the beginning of the academic year and an official end to the summer break. [read post]
9 Jul 2024, 6:54 pm
The case concerned the famous character, Tintin, who was depicted in the parodic works of American painter Hopper. [read post]
26 Jul 2011, 7:11 am
He sued for summary judgment – which is used when a case is so “open and shut” that a full trial is not needed. [read post]
21 Aug 2019, 11:57 pm
Case date: 07 August 2019 Case number:No. 18-10157 Court: United States Court of Appeals, Eleventh Circuit A full summary of this case has been published on Kluwer IP Law. [read post]
23 Aug 2021, 8:04 am
Case date: 13 April 2021 Case number: No. 19-1674 Court: United States Court of Appeals, Fourth Circuit A full summary of this case has been published on Kluwer IP Law. [read post]
13 Jun 2019, 2:01 am
Case date: 29 May 2019 Case number: No. 17-1723. [read post]
26 Jun 2017, 12:04 pm
Today the Supreme Court announced in a per curiam decision that it will hear the travel ban cases in October. [read post]
20 Dec 2009, 6:09 am
Would the Sox prevail if this case went to final decision? [read post]
16 Nov 2009, 7:03 am
Circuit Court ruled that if a challenger waits years to contest a mark, the doctrine of "laches" bars the claim, thus turning aside the claim that the "Redskins" marks were illegal because they were disparaging to Native Americans. [read post]