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13 Oct 2013, 1:47 am
S.1 (1) of the Trade Marks Act 1994, which implements art 2 of Directive 2008/95/EC of the European Parliament and the Council of 22 October 2008 to approximate the laws of the Member States relating to trade marks, defines a trade mark as "any sign capable of being represented graphically which is capable of distinguishing goods or services of one undertaking from those [read post]
23 May 2011, 7:08 pm by Kali Borkoski
  There was extensive coverage of, and a variety of reactions to, the Court’s decision today in Brown v. [read post]
9 Jun 2011, 5:59 am by jcarnicella
  This issue is expected to be resolved by the Federal Circuit following argument in FLMC v. [read post]
18 Jun 2010, 2:50 am by John L. Welch
However, comparing the marks in their entireties, "the addition of the term 'Ice Age' to applicant's mark serves to distinguish the marks because consumers are likely to regard “Lip Service” as used in applicant’s mark as indicating the function of applicant’s lip preparation, and to look to the other elements in the mark to indicate the source of applicant’s product.As the CCPA stated in… [read post]
30 Aug 2023, 6:16 am by Dennis Aftergut
Courts use that standard to determine whether an affidavit justifies a search or seizure because there is probable cause to believe that the subject committed a crime.In Illinois v. [read post]
26 Sep 2022, 6:19 am by Matthew Hersh (Wolters Kluwer)
The court, reversing the injunction and ruling against the trademark holder, found that the RISE label was a weak trademark because it strongly suggested the qualities of the product it labeled and there was extensive third-party usage of the same or similar marks (RiseandShine Corp. v. [read post]
21 Jun 2011, 10:53 am by Mark Cooke, ACLU of Washington
Again relying on the state constitution, the Washington Supreme Court unanimously ruled (in York v. [read post]
19 Aug 2009, 11:03 am
Denning and Glenn Harlan Reynolds (Cumberland School of Law and University of Tennessee College of Law) have posted Heller High Water(Mark?) [read post]