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23 Mar 2017, 3:02 pm by Rebecca Tushnet
  House mark arguments are often made.Fromer: composite mark issues matter—Pretzel Crisps bag has a particular appearance; might come to mind for consumers even if they’re only being asked about the word mark. [read post]
30 Mar 2015, 12:52 am
Bearing this in mind, Case T 378/13 Apple and Pear Australia Ltd and Star Fruits Diffusion v OHIM, Carolus C. [read post]
8 Feb 2021, 1:37 am by Sander van Rijnswou
 This decision T 0353/18 (pdfpdf) has European Case Law Identifier: ECLI:EP:BA:2020:T035318.20201111. [read post]
27 Mar 2007, 11:52 pm
" In any case, the Board observed, the existence of a family doesn't matter much here, since the WNBA is seeking to register "the exact feature that opposer claims is the basis of the family," and Nike owns registrations for the claimed family feature.Applicant WNBA argued that "the sophistication of sports consumers precludes the likelihood of confusion. [read post]
13 May 2024, 6:00 am by Public Employment Law Press
However, "[t]he Board of Trustees is entitled to rely on the advisory opinion of the Medical Board regarding causation" (Matter of Giuliano v New York Fire Dept. [read post]
13 May 2024, 6:00 am by Public Employment Law Press
However, "[t]he Board of Trustees is entitled to rely on the advisory opinion of the Medical Board regarding causation" (Matter of Giuliano v New York Fire Dept. [read post]
11 Oct 2015, 2:37 pm
It hasn't got to court and almost certainly won't. [read post]
27 Nov 2023, 7:32 am
Sections 1, 2, 3, and 45 of the Lanham Act provide the statutory basis for a refusal to register subject matter that does not function as a trademark or service mark. [read post]
9 Feb 2014, 3:07 pm
He noted that "[i]t is not necessary for a Claimant under section 10(3) to produce evidence quantifying a change in economic behaviour. [read post]
22 Oct 2007, 2:54 pm
Whether a voluntary disclaimer is an "admission" of some sort, I don't know yet. [read post]
1 Oct 2015, 4:05 am
Language matters. [read post]
1 May 2015, 6:16 am by Tim Sitzmann
This matter was resolved amicably and the GLO is pleased to have come to mutually acceptable terms of agreement in this matter. [read post]
30 Apr 2014, 6:05 am by Rebecca Tushnet
  But it doesn’t matter, because you can’t run through the Polaroid factors on a motion to dismiss. [read post]
17 Mar 2010, 8:36 pm by Michael Atkins
A court can’t weigh evidence on summary judgment, no matter how tempting it might be to do so. [read post]
17 Oct 2016, 6:34 am by Rebecca Tushnet
  But Certified Laser Specialist and CLS weren’t protectable marks, on this record. [read post]
27 Aug 2013, 10:14 am by KC Johnson
As long as the police didn’t lie and the grand jury indicted, according to Durham, there was nothing actionable in how the city behaved.The City of Durham: civil liberties capital of America.On matters related to civil liberties, I have a piece up at Minding the Campus on the remarkable (and deeply disturbing) reaction of UNC administrators to the recently-passed law boosting accused students' legal rights. [read post]
22 Feb 2018, 1:51 pm by Rebecca Tushnet
 Unclean hands has to relate to the matter in which the claimant seeks relief: if the claimant’s right wasn’t the result of the alleged wrongdoing, then it’s unrelated to the litigation’s subject matter. [read post]
There, the court considered as evidence on a motion to dismiss a placard reading, “Photo Frames ALWAYS 50% OFF THE MARKED PRICE*” with the asterisk directing consumers to a disclaimer in smaller print stating, “DISCOUNTS PROVIDED EVERY DAY; MARKED PRICES REFLECT GENERAL U.S. [read post]