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7 Jun 2015, 9:13 am by Lawrence B. Ebert
The Mattoon users got to retain rights to Burger King mark around Mattoon, and the national chain elsewhere.Now, there is a related fast food issue coming up with "Chicken Shack," with the owners of "Shake Shack" moving in the chicken direction, and seeking a mark in "chicken shack," even though there are prior users in the Detroit area.The story is covered by Crain's in the post Shake Shack seeks patent on use of metro Detroit Chicken… [read post]
5 Jun 2015, 5:20 am by Terry Hart
#Copyright225 — Last Sunday marked 225 years since George Washington signed the first US Copyright Act into law. [read post]
5 Jun 2015, 3:50 am
 It followed that, while narrowing the invalidity assessment to PU float trowels, considering that the relevant public comprised both the German average consumers and professionals of the construction industry whose level of attention was high, some of the goods covered by the contested CTM were either similar or slightly similar to PU Float trowels. [read post]
4 Jun 2015, 1:57 pm by Goldfinger Personal Injury Law
A Long Term Disability policy of insurance (LTD Policy), is a policy designed to cover the insured for a monthly benefit in the event that person becomes disabled. [read post]
4 Jun 2015, 6:49 am by Wes Anderson
What’s truly interesting from a trademark counsel standpoint is that, while Facebook filed these oppositions, they only cover seven of Designbook’s applications. [read post]
4 Jun 2015, 4:52 am by Terry Hart
” In the Office’s view, fair use and licensing arrangements would cover most current broadcast monitoring activities, the bill would not provide any additional certainty to providers, and in some cases it goes too far in departing from fair use precedent, particularly by providing commercial access beyond “hard news. [read post]
3 Jun 2015, 5:19 am
Court of Appeals for the 2d Circuit2003) (internal quotation marks omitted).Ellora's Cave Publishing, Inc., et al. v. [read post]
3 Jun 2015, 5:14 am by Amy Howe
  I covered the decision in Plain English for this blog, with commentary from Alex Luchenitser at ACSblog. [read post]
2 Jun 2015, 7:19 am
The opposing marks covered either identical or similar goods in classes 29 and 30.Both the Opposition Division and the Board of Appeal upheld Kraft's claims of likelihood of confusion, since all factors relevant to that end were present in both oppositions, giving due importance to the distinctive character of the earlier rights in the whole EU and the similarity of the signs at issue. [read post]
2 Jun 2015, 6:54 am by Amy Howe
  Mark Walsh provided a view from the Courtroom for this blog. [read post]
2 Jun 2015, 5:32 am by SHG
Via Venkat Balasubramani at Technology & Marking Law Blog: The “reasonable person” standard is a familiar and well-worn one, but it’s insufficient because it’s a negligence standard, and criminal statutes are presumed to require a higher level of culpability than negligence. [read post]
1 Jun 2015, 2:54 am
Posey Company, Serial No. 85206911 [Refusal to register SKINSLEEVES for "medical devices, namely, non-compression fabric covers for legs and noncompression fabric covers for arms, non-compression fabric covers for skin protection of a patient's limb such as a leg or an arm, non-compression knitted skin coverings to be used for protection of the legs or arms of patients who have fragile skin that may be prone to tears and abrasions; protective fabric… [read post]
31 May 2015, 5:02 am
Surely the first question is, which areas of IP law should we be examining in relation to the end product: is it copyright, design right, trade mark or patent law which is most affected? [read post]
29 May 2015, 4:00 am by Ruth Bird
The web has numerous articles which track these mergers, and there is also an archive maintained by Altman Weil which covers many jurisdictions. [read post]
29 May 2015, 2:22 am
In doing this, the Board of Appeal did not assess Wine in Black’s mark as a whole and failed to take into account the fact that, even if the word ‘wine’ by itself was weakly distinctive in respect of the goods covered, the words ‘Wine in black’ had an imaginative and evocative character.* Since the colour black did not describe the organoleptic characteristics of wines, an expression meaning ‘Wine in black’ must be regarded as being… [read post]