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22 Feb 2021, 5:01 am by Eugene Volokh
. [* * *] Cheap speech, as the Introduction noted, has made it easier for people to spread their own views, good or evil, and their own understandings of the facts, true or false. [read post]
21 Feb 2021, 2:50 pm
  The Lanham Act does not expressly create liability for contributory trademark infringement, but the Supreme Court has concluded that “liability for trademark infringement can extend beyond those who actually mislabel goods with the mark of another. [read post]
19 Feb 2021, 2:30 pm by Rebecca Tushnet
Marks are getting longer over time b/c more is taken. [read post]
19 Feb 2021, 12:39 am by Roel van Woudenberg
In view both of this statement, which is based on a re-marking of the appellant's Paper D by the Examination Board, and of the way in which the Examination Board handled the present appeal, the Appeal Board, applying the principle of good faith, considers it justified to remit the c [read post]
17 Feb 2021, 7:33 am by David Post
In April 2018, Facebook CEO Mark Zuckerberg, facing intense public pressure to do something about the proliferation of false or misleading information appearing on the platform, said that he "could imagine some sort of structure, almost like a Supreme Court, that is made up of independent folks who don't work for Facebook, who ultimately make the final judgment call on what should be acceptable speech in a community that reflects the social norms and values of people all around… [read post]
17 Feb 2021, 4:00 am by Sharon D. Nelson and John W. Simek
It’s a pretty good bet that those numbers are higher today. [read post]
 The BOA considered  that that the element ‘vision’ in the marks at issue and the element ‘hydro’ in the mark applied for had a weak distinctive character in relation to the goods in question, while the element ‘hylo’ of the earlier mark was distinctive in relation to those goods; then it held that the two signs as a whole were visually similar to an average degree, phonetically highly similar and that,… [read post]
16 Feb 2021, 2:23 pm by Kevin LaCroix
2020 was an eventful year in the world of corporate and securities litigation. [read post]
15 Feb 2021, 3:57 am by Verena von Bomhard (BomhardIP)
The CJEU judgment of 22 October 2020 in the testarossa case (C‑720/18 and C‑721/18) maintains the generous line from the 2003 Ansul judgment (C‑40/01), saying that a trademark can be maintained for “automobiles” based on re-sales (by the trademark owner) of used cars and of replacement parts and accessories, and on repair and maintenance services, provided these were offered under the mark. [read post]
12 Feb 2021, 12:59 pm by admin
This article must therefore be hereby marked advertisement in accordance with 18 U.S.C. [read post]
12 Feb 2021, 11:43 am by Rebecca Tushnet
It’s a really good predictor, but that’s the wrong question: why do we put up with that connection/digital redlining? [read post]
12 Feb 2021, 3:00 am by Jim Sedor
Another group, trade associations, fall under section 501(c)(6). [read post]
11 Feb 2021, 4:58 am
Tempting Brands Netherlands B.V., Opposition No. 91233138 (February 5, 2021) [precedential] (Opinion by Judge Cynthia C. [read post]
10 Feb 2021, 5:01 am by David S. Rubenstein
 On Feb. 9, the district court granted Texas’s request for a 14-day extension of the TRO, citing “good cause” for the extension and the state’s “irreparable harm” if the moratorium went into effect. [read post]
8 Feb 2021, 4:23 am by Verena von Bomhard (BomhardIP)
The appeal by OHIM failed (C‑64/02 P, 2004) and the mark remains registered to this day. [read post]
2 Feb 2021, 7:00 am by Nedim Malovic
The CJEU therefore set aside the General Court’s judgment and referred the case back to it for a new assessment (Foundation for the Protection of the Traditional Cheese of Cyprus named Halloumi v EUIPO, C-766/18 P).The General Court’s decisionFirst of all, the General Court acknowledged that, where the earlier mark is an EU collective mark, the likelihood of confusion, pursuant to Articles 8(1)(b) and 75 – 82 of the EUTMR, has to be understood as… [read post]
27 Jan 2021, 4:37 pm
 Très Riches Heures du Duc de Berry (June) c. 1412  Land rights are a tricky business. [read post]