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17 May 2010, 10:34 am by admin
[E]ven in the United States there appears to be several trade marks which incorporate the words “magic bra” and therefore even in the United States the term is common or descriptive….. [read post]
17 May 2010, 9:25 am
These arguments miss the mark. [read post]
17 May 2010, 6:03 am by Guest Blogger
Lumbermens appealed that decision to the United States Court of Appeals for the Eleventh Circuit, which ultimately affirmed the District Court’s finding of coverage. [read post]
15 May 2010, 3:23 am by SHG
True, an objectively reasonable traffic stop is not invalidated because the primary motivation of the police was to investigate some other matter (see Whren v United States, 517 US 806 [1996]; People v. [read post]
14 May 2010, 6:54 am by Susan Brenner
In amending § 2B 1. 1, the United States Sentencing Commission stated it intends the . . . enhancement `to apply in cases in which mass-marketing has been used to target a large number of persons, regardless of the number of persons who have sustained an actual loss or injury. [read post]
14 May 2010, 4:30 am
After remand from the Federal Circuit, the United States District Court for the Southern District of Texas ruled that, due to the penal nature of the false marking statute, the appropriate penalty for marking a product with an incorrect or invalid patent number should be assessed at the maximum price the articles were sold, rather than the profit margin or economic benefit to the defendant. [read post]
14 May 2010, 4:19 am
Quattrocchi (Technology & Marketing Law Blog) TTAB finds SEARCH ENGINE OPTIMIZATION merely descriptive of marketing services (TTABlog) Trademark holder not entitled to domain name registered years before: National Arbitration Forum decision in Arizona State Trailer Sales, Inc. d/b/a Little Dealer Little Prices RV v. [read post]
13 May 2010, 1:40 pm by Fred Goldsmith
"Fred Goldsmith Makes Guest Appearances on "On the Road with Rocky," ESPN Radio 1250 AMFred was invited by host Rocky Marks to appear on his popular Pittsburgh motorcycle-focused radio show. [read post]
13 May 2010, 12:58 pm by South Florida Lawyers
A leading relevant case, Gerber v Keyes, was decided by a Florida appellate court and New York State ruled in a similar fashion in Wegman v Dairylea Cooperative, Inc. [read post]
12 May 2010, 9:44 pm by Clifford D. Hyra
The Rule Regarding Use in Commerce of a Service Mark TMEP § 901.01 states that “a mark shall be deemed to be in use in commerce… on services when it is used or displayed in the sale or advertising of services and the services are rendered in commerce, or the services are rendered in more than one State or in the United States and a foreign country and the person rendering the services is engaged in commerce in connection… [read post]
11 May 2010, 5:39 pm by Press Releases
Panelists: Mark Chandler, Senior Vice President & General Counsel, Cisco Systems Inc. [read post]
May 14, 2010)(O'Neill) (civil forfeiture case, truck driver failed to show entitlement to money hidden in truck and unclaimed byowner)THE STATE OF TEXAS v. $281,420.00 IN UNITED STATES CURRENCY; from Hidalgo County; 13th district (13-06-00158-CV, ___ SW3d ___, 04-03-08)The Court reverses the court of appeals' judgment and remands the case to the trial court.Justice O'Neill delivered the opinion of the Court [pdf]View E-Briefs in No. 08-0465 THE… [read post]
10 May 2010, 3:55 am
– NGHC hears passing off case concerning ‘Simply Slim’ slimming tablets; WCHC hears trade mark infringement case concerning use of ‘marula’ on liqueur label (Afro-IP)   Switzerland Prayers to Madonna didn’t help - trade mark cannot be registered for various goods(Class 46)   United Kingdom But who will regulate the regulators? [read post]