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24 Nov 2020, 5:05 am
” While the second part is of course entirely correct, this conclusion results from proper legal considerations and common sense, but – alas – less from the decision-making practice, as this case once again illustrates. [read post]
21 Aug 2020, 8:28 pm
In light of the Marks rule, he called that case a "now-invalid legal standard. [read post]
23 Jul 2010, 8:20 am
The Work For Hire Contract pursuant to which Mark Zuckerberg has been sued has been posted online. [read post]
9 Nov 2010, 8:51 am
., alleging infringement of the mark ZINSCO, which has been registered by the U.S. [read post]
23 Jul 2012, 9:23 am
According to the Orlando Sentinel, Zimmerman's Attorney Mark O'Mara advised his client not to give any statements and not to go on television but he did so against his wishes. [read post]
7 Dec 2023, 1:26 pm
The Vans case and appeal had both been stayed pending the outcome of Jack Daniel’s. [read post]
14 Oct 2022, 3:30 am
But all these varied deficiencies are said to prevent the putative marks from identifying the source of the products to which they are affixed, that is to say, from functioning as marks. [read post]
25 Sep 2017, 3:22 am
Finally, the Board found that OLIN has the structure and pronunciation of a surname, although this finding has "little significance" in view of the other evidence.The Board concluded that the evidence, taken as a whole, established that OLIN is primarily a surname.Section 2(f): The Board observed hat an applicant "can establish a prima facie case of acquired distinctiveness in the mark in an intent-to-use application where it can show that same mark… [read post]
18 Jun 2018, 5:18 am
In this case, the Board said the visual image or picture in Applicant’s mark would be taken into account in the du Pont analysis. [read post]
15 Nov 2018, 1:20 pm
Cir. 1992) (holding that “a claim of trade dress infringement fails if secondary meaning did not exist before the infringement began” and placing the burden of proof on the plaintiff); McCarthy, supra, § 16:34 (noting that the purported “senior user must prove the existence of secondary meaning in its mark at the time and place that the junior user first began use of that mark” and collecting cases); Restatement (Third) of Unfair Competition… [read post]
19 Jan 2016, 1:53 am
As widely known, in 2012, the Court of Justice of the EU gave a decision in Case C-307/10 IP Translator. [read post]
19 May 2019, 1:05 pm
(…) The USPTO relies on an 1888 Supreme Court case to argue that, as a matter of law, adding .com to a generic SLD like booking can never be nongeneric. [read post]
6 Aug 2019, 4:08 pm
This was the case in this matter as the court determined Loblaws had not succeeded in establishing reasonable likelihood of confusion between the short-form marks and the PC word mark. [read post]
6 Aug 2019, 4:08 pm
This was the case in this matter as the court determined Loblaws had not succeeded in establishing reasonable likelihood of confusion between the short-form marks and the PC word mark. [read post]
24 Sep 2015, 5:24 am
” Id. at 2477 (citation and quotation marks o [read post]
12 Sep 2023, 1:06 pm
Testimony regarding bite marks. [read post]
7 Jan 2014, 4:00 am
For example, case management is common for intellectual property cases in the Federal Court but less so in some provincial superior courts. [read post]
4 Feb 2023, 12:08 pm
Former investigator Mark Pomerantz, whose book “People vs. [read post]
21 Dec 2009, 5:44 am
The case, Dean v. [read post]
9 Nov 2010, 5:00 am
” My name is Attorney Mark C. [read post]
