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16 Apr 2009, 1:24 pm
Jan Schakowsky (D-Ill.) blasted ‘tea party’ protests yesterday, labeling the activities ‘despicable’ and ’shameful. [read post]
3 May 2011, 2:40 am by John L. Welch
The Board reversed Section 2(d) refusals to register the mark FUJITECH in standard character and stylized form (shown below), for various electronic goods, finding the mark not likely to cause confusion with the marks of seven different registrations, owned by two different companies, consisting of or including the word FUJI for various electronic goods. [read post]
10 Sep 2014, 12:53 pm by Michael G. Wu and Jay B. Gould
D and Rule 144A, which were amended by the Jumpstart Our Business Startups Act (JOBS Act), to permit general solicitation or advertising subject to certain limitations. [read post]
18 Jun 2008, 12:12 am by Consumer Litigation Group
The Law Office of Dimitrios Kolovos, LLC filed a lawsuit on behalf of a New Jersey woman against Nosoma Systems, Inc. d/b/a Capital Collection Service in the federal court for the District of New Jersey. [read post]
12 Oct 2007, 4:36 am
The Board dismissed a Section 2(d) opposition to registration of the mark CIELO for "drinking water," finding the mark not likely to cause confusion with the identical mark, registered for "wine. [read post]
24 Nov 2009, 9:32 pm
When the marks are identical and the services nearly so, you've got a shot at summary judgment under Section 2(d). [read post]
14 May 2007, 8:00 pm
The Board granted summary judgment to Applicant New Sensor Corporation in this Section 2(d) consolidated opposition because Opposer Westrex Corporation failed to prove the requisite priority. [read post]
24 Jun 2010, 2:09 am by John L. Welch
In this precedential ruling, the Board reversed a Section 2(d) refusal to register the mark EPIC for "personal headlamps," finding the mark not confusingly similar to the identical mark for "electric lighting fixtures. [read post]
4 Jan 2011, 2:22 am by David Vasella
Das BGer hatte im vorliegenden Entscheid die Frage zu klären, wann eine "operative Gesellschaften, die eine unternehmerische Tätigkeit ausüb[t]" iSv KAG 2 II d vorliegt, die nicht in den sachlichen Geltungsbererich des KAG fällt. [read post]
16 Apr 2010, 2:11 am by John L. Welch
In a decision noteworthy for its display of photoshopping talent, if nothing else, the Board affirmed a Section 2(d) refusal to register the mark CARRERA for "welding helmets," finding the mark likely to cause confusion with the identical mark, registered for "protective helmets. [read post]
15 Apr 2010, 2:14 am by John L. Welch
Line One Laboratories, Inc. petitioned to cancel a registration for the mark IMPULSE for "adult novelty items, namely, vibrators," alleging Section 2(d) likelihood of confusion with its identical mark for "condoms. [read post]
31 Jan 2012, 2:08 am by John L. Welch
Applicant applied to register the design mark shown below left, for various pharmaceutical preparations and pharmaceutical research services, but the PTO refused registration under Section 2(d), finding the mark likely to cause confusion with the mark shown below right, for various pharmaceuticals. [read post]
7 Jul 2010, 3:29 am by John L. Welch
In this questionably precedential decision, the Board affirmed a Section 2(d) refusal to register the mark ACTIVECARE for "software, namely, a software feature that automatically analyzes and repairs or optimizes performance settings for personal computers, sold as a component of personal computer performance and maintenance utility software," finding it likely to cause confusion with the registered mark ACTIVE CARE for technical support services namely, troubleshooting of… [read post]
20 Jul 2011, 3:18 am by John L. Welch
Although it rejected Applicant Schwabe's appeal brief as not brief enough, the Board nonetheless reversed a Section 2(d) refusal to register the mark EPs 7630 for "plant-based pharmaceuticals for the treatment of respiratory diseases, namely, those based on an ethanolic extract of the roots of pelargonium sidoides," finding it not likely to cause confusion with the registered marks EP and EP 12.5 for "pharmaceutical bronchodilators" [12.5 disclaimed]. [read post]
29 Jan 2009, 11:00 pm
Third-party registrations and website evidence convinced the Board that Applicant's safety eyewear and goggles are related to binoculars for Section 2(d) purposes, leading to an affirmance of the PTO's refusal to register the mark SEAHAWK for the former in view of the identical mark registered for the latter. [read post]
2 Nov 2009, 5:50 am
My latest article, entitled "You'd Better Watch Your Step: Premises liability defendants are having a banner year in Pennsylvania courts," appeared in the Pennsylvania Law Weekly last week. [read post]
28 Nov 2006, 6:13 pm
Loomis struggled mightily, but it just could not climb the mountain to reversal of the Board's 2(d) refusal to register the mark METOLIUS for fishing gear. [read post]
13 Apr 2010, 2:17 am by John L. Welch
Affirming a Section 2(d) refusal, the Board somewhat dubiously found the mark CGL for "transportation services, namely, transportation of natural gas via marine tankers," likely to cause confusion with the registered mark CGL & Design for "freight forwarding. [read post]