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29 Jun 2020, 12:31 pm
The court reasoned that “incidental media coverage,” such as that connected to Lance Armstrong, did not “by itself constitute evidence” that the mark was famous, because “[m]any products receive broad incidental media coverage. [read post]
30 Jun 2015, 4:06 pm
Both have blogging experience (Nikos as a long-term member of the MARQUES Class 46 team and Jani with his own IP Iustitia weblog). [read post]
13 May 2024, 6:00 am
Pension Fund, 185 AD3d at 814 [internal quotation marks omitted]). [read post]
12 Dec 2017, 11:02 am
When can you register a geographical name as a trade mark? [read post]
4 Jan 2016, 5:21 am
Driver of a Motor Vehicle Has Greater Duty of Care than that of the Pedestrian Although everyone has a duty of care, courts in California have for a long time recognized that the danger posed by a 4000+ pound car is much greater than that posed by a pedestrian. [read post]
14 Mar 2014, 7:40 am
Utilizing a side-by-side comparison can be a useful heuristic means of investigating similarities and differences in respective designs, so long as a court maintains a focus on the ultimate issue of the likelihood of consumer confusion. [read post]
19 Jan 2015, 11:43 am
Utilizing a side-by-side comparison can be a useful heuristic means of investigating similarities and differences in respective designs, so long as a court maintains a focus on the ultimate issue of the likelihood of consumer confusion. [read post]
13 Jul 2011, 9:35 am
The case has been a long-running legal saga between cosmetic manufacturer L’Oreal and distributors of unauthorised sampler products which have had their packaging removed and then sold on eBay. [read post]
5 Jun 2020, 10:43 am
” Despite this long-standing expression of the law, trademark attorneys for both plaintiffs and defendants still can’t help themselves from making “side-by-side” comparisons, routinely leading with them in pleadings or letters, often setting the marks side-by-side in a table, or one-after-the-other in paragraphs. [read post]
7 Oct 2010, 10:09 am
Practical considerations: First, trade mark infringement actions require an assessment of the visual, aural and conceptual similarities of a mark and their impact on the mark’s essential function or the likelihood of confusion among the public. [read post]
26 Jul 2010, 12:26 pm
Such “ITU” applications can be filed as long as you have a bona fide intent to use the mark. [read post]
1 May 2013, 1:36 pm
Utilizing a side-by-side comparison can be a useful heuristic means of investigating similarities and differences in respective designs, so long as a court maintains a focus on the ultimate issue of the likelihood of consumer confusion. [read post]
25 Mar 2015, 7:38 am
This case involves a long-standing battle between Hargis’s “Sealtite” mark and B&B’s “Sealtight” mark. [read post]
27 Jun 2024, 8:27 pm
On behalf of hotel and resort owners, Mark has successfully litigated the termination of long-term, no-cut, hotel management agreements, franchise agreements, fiduciary duty issues, investor-owner disputes, TOT assessments, and more. [read post]
18 Jun 2008, 5:56 pm
The good will and source identification of that good does not change so long as consumers are able to recognize that a good is repaired or reused. [read post]
9 Sep 2011, 10:03 am
Here, the Yankees first claim that they own the EVIL EMPIRE moniker because it’s been associated with their ball club for so long; then they argue that the EVIL EMPIRE mark should be refused registration because it is disparaging to their ball club. [read post]
22 Aug 2018, 12:02 am
If these applications pass examination and are allowed, these will issue to registration and have long-lasting impact on the Canadian Register. [read post]
14 May 2012, 8:38 am
Chapter 3 relates some patent statistics and also highlights potential challenges for innovation -- such as the long-term effects of outsourcing and off-shoring of manufacturing on the ability of firms to innovate. [read post]
16 Feb 2010, 10:18 pm
Corn supplies have turned from tight to abundant and that has marked a decline in corn values, which Hurt says will drop prices into the low to mid $3 range, compared to the low $4 range for the past two crops. [read post]
5 Nov 2016, 10:00 pm
With the strawberries having been in nationwide distribution since January, many people who have been exposed are obviously past the two-week mark. [read post]
