Search for: "In re C. B-W"
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10 Jun 2016, 7:35 am
Combination means that you can win your TM case and be entitled neither to an injunction nor to damages or profits b/c defendant wasn’t willful infringer. [read post]
9 Jun 2016, 2:01 pm
B/c TM have become untethered from any rational basis whatsoever. [read post]
9 Jun 2016, 12:13 pm
The key is the non-reputation-related disadvantage, to distinguish b/t I want this b/c it looks nice and b/c I like the TM owner. [read post]
9 Jun 2016, 9:40 am
In the same case, the court is willing to do a kind of a scope/functionality analysis; it says that there will be similarities in trade dress, b/c defendant had to use those elements; discount those in comparing similarity of marks. [read post]
9 Jun 2016, 7:38 am
Europe has a problem w/that b/c we haven’t recognized that something might have just gotten over the line of protectability when we later analyze its scope. [read post]
3 Jun 2016, 2:22 pm
The New York Times reports that German prosecutors “said three men, identified as Hamza C., 27, Mahood B, 25, and Abd Arahman A. [read post]
20 May 2016, 2:03 pm
[And that interacts w/puffery and falsity, b/c things that might be nonfalse if said by others can be false if said by them.] [read post]
20 May 2016, 12:25 pm
Kennedy: not problematic b/c it does no harm other than exist. [read post]
20 May 2016, 10:07 am
A certain amount of power you have about your personal info: other people want it b/c they don’t have it, and you can use that as a weapon. [read post]
20 May 2016, 8:40 am
That’s b/c modern TM law is to protect TM owners, with consumers just used as a mechanism. [read post]
19 May 2016, 1:37 pm
Gabe Cazares, National Federation of the Blind: Need to be fleshed out, b/c current procedures are too burdensome. [read post]
19 May 2016, 9:23 am
K-12 and disciplinary distinctions don’t make sense b/c we’re talking about educating students. [read post]
19 May 2016, 7:43 am
Then the action has shifted to the rulemaking b/c of all these adversely affected people. [read post]
18 May 2016, 6:08 am
Def: I'm not saying you're stupid or anything. [read post]
14 May 2016, 3:34 am
I'm not saying there is willful infringement, but that is a serious factor when you're considering an injunction. [read post]
5 May 2016, 12:00 am
In re: William W. [read post]
5 May 2016, 12:00 am
In re: William W. [read post]
3 May 2016, 2:51 pm
Yes, ratcheted up over time, b/c of companies like Rightscorp, but I was at UCLA last year w/ the House Judiciary Committee. [read post]
3 May 2016, 2:41 pm
We have so many now b/c the system doesn’t work. [read post]
3 May 2016, 2:30 pm
Helpful to have IPEC in the final steps but lots was b/c they were already doing it. [read post]
