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12 Jul 2015, 4:47 am by Marie-Andree Weiss
Bill Drafted to Respect First Amendment However, no consent would be required if the use is not an “advertisement, endorsement or solicitation for the sale of purchase of a product, article or merchandise, good or service, other than for the work itself and the work does not contain an image or likeness that is primarily commercial, not transformative and is not otherwise protected by the First Amendment of the United States Constitution or New York State… [read post]
10 Jul 2015, 2:14 am
Having duked the matter out in the United States Patents and Trademarks Office, and subsequently at the Trademark Trial and Appeal Board, the matter has moved on to the District Court of Virginia, where the decision was handed down only a few days ago.Pro-Football Inc v Amanda Blackhorse et al. [read post]
9 Jul 2015, 4:43 pm by INFORRM
This is how he interprets the case law of the ECtHR at [109]: “It is true that in S v United Kingdom the court does not expressly refer to the reasonable expectation of privacy but its analysis seems to me to be consistent with it. [read post]
9 Jul 2015, 2:07 am
Whatever your feelings about the doctrine of initial interest confusion [Mr Justice Arnold was in favour here and here; "no, no, no" said the Court of Appeal for England and Wales], it's a fascinating doctrine that is of great potential value to trade mark-owning litigants in the United States, where it is still alive and kicking. [read post]
8 Jul 2015, 6:03 pm by Joseph Fishkin
In an end-of-the-term flurry that was not lacking in forceful dissents, Chief Justice Roberts’ dissent in Arizona State Legislature v. [read post]
8 Jul 2015, 11:58 am
Section 2 of the Lanham Act empowers the PTO to deny or cancel a mark’s registration, and thus control what appears on the Principal Register, on a number of grounds, including [besides the prohibition on disparaging marks] any mark that: (b) Consists of or comprises the flag or coat of arms or other insignia of the United States, or of any State or municipality, or of any foreign nation, or any simulation thereof; (c) Consists of or comprises a name, portrait, or… [read post]
8 Jul 2015, 9:12 am
 There's exactly one person in the entire United States with that name. [read post]
7 Jul 2015, 8:33 am by Rosenfeld Injury Lawyers
People in the United States are flocking to cities and rubbing shoulders at greater rates than ever before. [read post]
7 Jul 2015, 8:33 am by Rosenfeld Injury Lawyers
People in the United States are flocking to cities and rubbing shoulders at greater rates than ever before. [read post]
7 Jul 2015, 5:31 am by SHG
At first blush, this might seem as if it’s just an unfortunate reflection of private ownership, which is what the Minnesota Supreme Court held in State v. [read post]
6 Jul 2015, 4:04 pm by Steven J. Tinnelly, Esq.
However, the recent unpublished opinion in The Villas in Whispering Palms v. [read post]
6 Jul 2015, 2:04 pm by Nancy E. Halpern, DVM, Esq.
In Rhode Island HSUS has recently announced that it plans to go after state Senator V. [read post]
6 Jul 2015, 11:08 am by Seyfarth Shaw LLP
In that case, the United States Supreme Court expressly endorsed implementing a stay and ordering conciliation efforts when the EEOC has failed to engage in conciliation before filing suit. [read post]
5 Jul 2015, 10:09 pm
This discussion has addressed the requirement that a proposed trademark be "used" or be "in use" when a trademark registration is filed with the United States Patent and Trademark Office ("USPTO"). [read post]