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22 Mar 2023, 7:03 am by Dennis Crouch
”  Of course, this foreign anaphora omits a key domestic conclusion: the harm was directed to the USA and felt in the USA by the TM owner. [read post]
29 Oct 2018, 10:59 am by Elizabeth A. Patton
  A case arising from the First Circuit, Mission Product Holdings, Inc. v. [read post]
21 Oct 2016, 12:15 am
The law has been recently considered by the Supreme Court in Sea Shepherd UK v Fish & Fish Limited [2015] UKSC 10; [2015] AC 1229, which I sought to summarise in Vertical Leisure Limited v Poleplus Limited [2015] EWHC 841 (IPEC). [read post]
10 Jun 2014, 1:56 am by Jeremy Speres
  That latter section does not expressly state that the opposition period cannot be extended after the fact. [read post]
6 Oct 2017, 11:55 am by Isaac
 So there is no infringement of a registered TM, but could there be passing off? [read post]
24 Feb 2023, 4:39 pm by Rebecca Tushnet
McKenna: we can’t really mean that a state of uncertainty is actionable—if we did, “I don’t know whether X makes this” would be actionable/part of the “confused” group. [read post]
9 Feb 2015, 8:49 am by Rebecca Tushnet
Case by case v. systematic: the cost of false positives and false negatives; court doesn’t consider the long-run consequences, like Boston Hockey or post-sale confusion. [read post]
10 Oct 2014, 12:51 pm by Rebecca Tushnet
  Hard to get too far based just on equity.Hunter: not equity; why we’re ok w/merchandising right, which seems contrary to stated aims of TM law. [read post]