Search for: "In re TM" Results 801 - 820 of 1,029
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3 Apr 2007, 2:58 pm
CCBill held that 47 USC 230 preempted all state IP claims, including state TM laws. [read post]
19 Jan 2010, 7:55 pm by Rebecca Tushnet
Though “If you’re into hot-rods, you know Lokar,” that’s not the standard: it’s fame to the general consuming public. [read post]
25 Apr 2014, 6:28 am by Joy Waltemath
While the latter was denied, sanctions were awarded in the form of costs related to preparing the motion and re-deposition of the president, as well as the expert’s fees. [read post]
24 May 2010, 6:56 am by Rebecca Tushnet
Certainly such evidence is more than enough to substitute for a survey; as Barton Beebe has shown, TM surveys are pretty rare and successful TM plaintiffs are not nearly so rare. [read post]
18 Oct 2012, 1:15 am by war
Unicell then engaged in ‘certain “pre-retailing” activities (such as splitting, tagging and pricing) and shipped them to the appellants via the intermediary of  TMS LLC (a US company). [read post]
4 Dec 2013, 5:20 am by Rebecca Tushnet
In a world where we’re departing from that, we should consider congressional purposes. [read post]
11 Aug 2017, 8:08 am by Rebecca Tushnet
Don’t treat this in isolation.A: we haven’t decided this is all good.Sheff: focus on distinguishing TM/©. [read post]
20 Feb 2011, 9:44 pm by Kelly
(Reexamination Alert) Recapture doctrine before the CAFC: In re Mostafazedeh (Patents Post-Grant) US Patents – Decisions District Court S D New York: Patentee’s ‘sufficiently plausible’ belief as to the scope of patents negates intent to deceive necessary for false marking claim: Max Impact v Sherwood Group (Docket Report) District Court E D Texas – Marshall jury verdict for plaintiff; invalidity rejected even under ‘preponderance’ standard: Alexsam… [read post]
17 Feb 2014, 6:29 am by Rebecca Tushnet
., “porn”); without such terms you won’t know what you’re missing.Also, DMCA §512 is a big hole in §230. [read post]
8 Apr 2019, 3:05 pm by Rebecca Tushnet
  We’re happy to see recording revenues starting to rise again, but they’re nowhere near their peak in inflation adjusted dollars. [read post]
18 Apr 2015, 11:05 am by Rebecca Tushnet
  Courts use a lot of tests; consensus in TM developing around Rogers, but no such consensus exists in RoP despite the fact that these cases are almost always brought as RoP and §43(a) cases. [read post]
1 Jul 2014, 12:22 pm by Rebecca Tushnet
No one created taxi medallions; they’re a gov’t entitlement. [read post]
2 May 2016, 9:20 pm by Rebecca Tushnet
  512(l): failure to qualify for safe harbor doesn’t necessarily mean they’re liable for infringement. [read post]
23 Apr 2014, 7:53 am by Rebecca Tushnet
  Sampling is illegal for tobacco, but they’re doing it. [read post]
17 Jan 2014, 10:17 am by Rebecca Tushnet
  TM and right of publicity law have more clearly thought through the potential harms, and the potential benefits, of claiming an identity that you don’t have. [read post]
12 Jun 2010, 9:19 am by Joseph C. McDaniel
But having worked for three different Judges with very active calendars, I now know the Truth(tm): it's very, very difficult to guess at the front end of litigation what the tail end will reveal. [read post]
13 Jan 2010, 11:00 am by Rebecca Tushnet
Poets have fair use issues, and they’re now working on a code. [read post]
28 Aug 2011, 1:04 am by Lara
 If ever there were a “sophisticated consumer,” I think we lawyers would like to think we’re it. [read post]