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4 Nov 2015, 2:54 am
The USPTO refused registration of the mark shown below left, for "beer," finding it likely to cause confusion with the mark shown below right, for "wine. [read post]
8 Dec 2014, 6:51 am
He ran through the salient registration criteria of Community trade marks and designs and added that no mark would be refused on the basis that it was already registered as a design. [read post]
27 Aug 2015, 3:34 am
The USPTO refused registration of the mark PURPLE HAZE for "electronic sound pickup for guitars and basses," finding the mark likely to cause confusion with the registered mark HAZE for "sound amplifiers. [read post]
2 Jan 2011, 10:13 pm
Conversely, if there is no quality control in place, the mark no longer serves the source identification function and the mark itself is liable for cancellation, because the user of the mark is not the owner of the mark, and the owner of the mark is not the user of the mark. [read post]
23 Feb 2023, 3:30 am by Sarah Burstein
” If a mark is associated with “bad” things such as drugs or sex, the theory goes, that may harm the seller’s reputation and dilute the mark’s “commercial magnetism. [read post]
12 Sep 2008, 7:00 am
"As to the PTO's argument that the mark describes the intended use of the goods and services, that might be true if the mark were just HORSE PLAYER, said the Board. [read post]
9 Dec 2014, 7:47 am
After witnessing a distracted cyclist almost causing a multi-car accident because he was texting while riding his bike, Councilman Mark Treyger did some legal research and was surprised to learn that in New York there is no law prohibiting cycling and texting or cycling and calling. [read post]
24 May 2013, 12:02 pm by Daniel E. Cummins
According to a May 24, 2013 article entitled "Third Circuit Keeps Ciavarella Behind Bars" in The Legal Intelligencer by Saranac Hale Spencer, former Luzerne County Court of Common Pleas Judge Mark A. [read post]
2 Jun 2015, 11:00 pm by Doug Austin
Marking up the billing rate for reviewers over 500 percent may or may not also be unacceptable, depending on who you talk to. [read post]
14 Sep 2017, 1:47 pm by Howard Friedman
 He contended that not only did he deserve more, but that the dean chose the $666 figure as an intentional invocation of the biblical "mark of the beast. [read post]
29 May 2019, 10:01 pm by Doug Austin
Last week, I read an article from Bob Ambrogi on Above the Law, that discussed his opinion (as well as that of Nicole Black, discussed in her Sui Generis blog) that the recently adopted Louisiana ethics opinion misses the mark with regard to guidance to lawyers regarding their ethical duty to understand technology. [read post]
29 May 2018, 4:53 am by Julius Stobbs
  Section 10(1) TMA trade mark infringement   All parties were agreed that the issue in contention was whether ESL’s SU LETS mark is identical to SUL’s SULETS mark. [read post]
11 Jan 2017, 9:26 am by Tucker Chambers
  For example, the registration of a mark is prohibited if it is “primarily merely a surname,” meaning that the primary significance of the mark to the public is a surname (such as “Johnson”), unless there is a showing of acquired distinctiveness. [read post]
7 Aug 2020, 3:31 pm by Mavrick Law Firm
  To prevail on such a claim, “a plaintiff must demonstrate (1) that its mark has priority and (2) that the defendant’s mark is likely to cause consumer confusion. [read post]
31 May 2010, 7:00 am by Jeramie J. Fortenberry, Esq.
  The markings included drawing an “X” over about 10 lines of a page, then attempting to mark out the “X. [read post]
15 Dec 2010, 3:22 am by John L. Welch
" It rejected the Examining Attorney's arguments, observing that it "would not expect to see applicant's mark advertised in the same manner as a mark for consumer goods. [read post]
8 Sep 2009, 10:15 pm
In either instance, we find this connotation takes the mark out of the geographically descriptive realm. [read post]