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22 Jun 2015, 6:00 am by The Dear Rich Staff
The USPTO advises examiners (Note: Word document download) that a mark using a universal symbol is registrable if it:"... is highly stylized, if it incorporates elements that are not usually in the symbol, or if it is integrated with other matter in the mark, and, as a result, a distinctive commercial impression separate and apart from the symbol’s usual significance is created or a source-indicating unitary whole is formed. [read post]
29 Jul 2016, 2:16 pm by Mike Danko
  Caltrans knows that they are all dangerous but, as a matter of policy, won’t fix any particular crosswalk until it learns of at least three people who are killed or injured at the intersection in question. [read post]
29 Jul 2016, 2:16 pm by Mike Danko
  Caltrans knows that they are all dangerous but, as a matter of policy, won’t fix any particular crosswalk until it learns of at least three people who are killed or injured at the intersection in question. [read post]
2 Jul 2018, 7:18 am by Rebecca Tushnet
Facebook didn’t buy Oculus until 2014, almost two years after Oculus used promotional items containing ZeniMax’s marks without authorization in a Kickstarter video and investor materials. [read post]
24 Jul 2012, 11:34 am by Kenneth Vercammen
Since, as the parties agree, there is no genuine issue of material fact, the matter was ripe for summary judgment as involving only a question of law, Brill v. [read post]
20 Jan 2017, 1:21 am by Jani Ihalainen
Louis Vuitton didn't take well to the use of their designs on MOB's tote bags and took the company to court for trademark infringement, trademark dilution and copyright infringement. Daniela didn't understand why she was arrested because ofher 'other' bagThe Court of Appeals dealt with the matter of trademark infringement first, and quickly saw that there was no infringement by MOB as there were "…obvious differences in… [read post]
24 Jun 2014, 5:38 am by Rebecca Tushnet
  I’m not so sure that ought to make a difference today, because now that we register trade dress, surnames with secondary meaning, etc., I don’t think there is currently a coherent account of unregistrable matter that is nonetheless protectable. [read post]
11 Sep 2009, 10:37 pm
As an additional matter, Bell was making plenty of point-contact transistors for its own internal purposes. [read post]
27 Jun 2007, 1:55 am
Well, again, a feature of a lot of new media products and services is that, really, we don't need them: no matter how clever the underlying technical/software application is, whilst they're nice to have free once you start charging it's a massive barrier to take up and people move on to the next clever - and free - service. [read post]
8 Aug 2018, 6:12 am by Rebecca Tushnet
”  [Apparently original artwork and minimal jokery does not qualify as artistic expression as a matter of law; I would have thought it should.] [read post]
2 May 2023, 8:06 am
Turning to the goods and services, "[i]t is common knowledge that restaurants often serve alcoholic beverages such as wine and beer. [read post]
29 May 2022, 12:51 pm by Eugene Volokh
[Painting "Black Lives Matter" doesn't require New York to allow other groups to paint other slogans.] [read post]
17 Jul 2014, 2:51 pm
 This Kat can't actually offer you any, but the next best thing is a guest post from Katfriend and occasional contributor Valentina Torelli on a ruling from Europe's top court today on a trade mark for chocolate. [read post]
31 May 2024, 4:29 am by Verena von Bomhard (BomhardIP)
FLEXI AIR at § 43, and the General Court’s judgment in joined cases T-5/08 to T-7/08 on Golden Eagle and Golden Eagle Deluxe, § 65). [read post]
28 Jun 2010, 3:01 pm by Oliver G. Randl
[…][2.2] When assessing whether the subject-matter of claim 1 has been amended in a way that extends beyond the content of the application as originally filed and, therefore, violates the requirements of A 123(2), the meaning of the expression “wedging felt” plays a decisive role.[2.3] The expression “wedging felt” was only mentioned in the second and third paragraphs of the application as filed. [read post]