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16 Mar 2008, 12:12 am
This is the point made by Stanley Fish recently in the Cardozo Law Review: the marks and sounds that ordinarily connote meaning are not "communications" at all unless and until they are communicating an intelligent being's intended message. [read post]
3 Mar 2008, 2:51 pm
Recent LexBlog Q & A posts: Mark Obbie, professor at Syracuse University's S.I. [read post]
15 Feb 2008, 4:42 am
" As to the ROCK'EM portion of Mattel's mark, that too is not that important:"Although ROCK'EM has a prominent position because it is the first word of the mark, it also has a suggestive connotation similar to SOCK'EM, as it suggests both the shaking motion of a 'sock' and the effect of the striking motion of SOCK'EM, i.e., that one both rocks and socks one's opponent, and that one who is socked is rocked by the socking. [read post]
13 Feb 2008, 4:54 am
" The difference in spelling is of "some importance" in distinguishing the words, and "there is also a subtle difference in connotation and commercial impression between the spellings -- ROYALE suggests something 'continental' or rare. [read post]
8 Feb 2008, 7:00 pm
– Facebook’s contractual rights to users’ photos problematic: (Spicy IP)PharmaEuropean Commission probes pharmaceutical sector: (Philip Brooks),WHO Board sets course on IP, avian flu, tighter publication policy: (Intellectual Property Watch),India: The Competition Act, patents and over hyped drugs: (Part I - Spicy IP), (Part II – Spicy IP), (Part III – Spicy IP),Ignoring not the solution –… [read post]
5 Feb 2008, 5:16 am
" The connotations of the marks are thus "substantially similar. [read post]
4 Feb 2008, 4:55 am
The Board affirmed the PTO's Section 2(e)(2) refusal because the mark is primarily geographically descriptive. [read post]
30 Jan 2008, 4:46 am
" And although the marks are "somewhat dissimilar in connotation," the presence of the word VANITY gives them similar commercial impressions.In sum, because Opposer's VANITY FAIR mark is famous, it is entitled to a "very broad scope of protection. [read post]
21 Jan 2008, 7:20 am
It is the first word in the mark and, as opposer notes, EMPIRE has a certain laudatory quality to it inasmuch as it connotes a degree of supremacy, rendering it less influential as the source identifier in applicant's mark. [read post]
17 Jan 2008, 8:00 pm
The words OLD TIMER in applicant's mark have no such connotation (much less a specific connotation). [read post]
16 Jan 2008, 6:25 am
There were other instances over the years when Rosenthal's conduct has had more serious connotations. [read post]
11 Jan 2008, 4:25 am
The design of Wilson's mark was not sufficient to distinguish it from the mark FUBU. [read post]
6 Jan 2008, 1:01 pm
"With regard to the marks' respective connotations, applicant testifies that his mark connotes, among other things, 'the unique experience and values of African-American students within the white-dominated culture of the modern Ivy League.' In other words, applicant's mark conveys a sense of the values and experiences of certain students at opposer's constituent schools. [read post]
28 Dec 2007, 4:56 am
And the addition of the word "flirty" does not "detract from or obviate the overall geographic connotation created by the word 'French. [read post]
21 Dec 2007, 5:05 am
In Applicant's mark, the word INSPIRATION is sandwiched between PARENTS and INSTITUTE, creating a "quite specific connotation and commercial impression which are wholly missing from opposer's mark. [read post]
18 Dec 2007, 8:40 pm
It is the first word in the mark and, as opposer notes, EMPIRE has a certain laudatory quality to it inasmuch as it connotes a degree of supremacy, rendering it less influential as the source identifier in applicant's mark. [read post]
12 Dec 2007, 4:05 pm
Universally, the defense blawgers agree that this makes them cringe; that the word “failure” connotes something negative (much like the use of the word “victim“). [read post]
10 Dec 2007, 3:41 am
"Applicant pointed to 14 registrations it owns for marks consisting of or containing the term MARRIOTT, all without a 2(f) claim. [read post]
29 Nov 2007, 5:00 am
"The Board concluded that "[w]hile the marks differ in sound and appearance, the identity in connotation (both literal and figurative) is sufficient to support a finding of likelihood of confusion, especially as used in connection with identical clothing items. [read post]
28 Nov 2007, 4:58 am
"because the word 'spam' in respondent's mark will be viewed as having its generic meaning of unsolicited commercial electronic mail, the marks as a whole are different in connotation and commercial impression. [read post]
