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30 Nov 2017, 1:02 pm
In Kerrygold, the CJEU held that peaceful co-existence of the KERRYGOLD and KERRYMAID dairies in their native Ireland (Kerry is a town famous for its cattle) was a relevant factor in the overall assessment of confusion between the marks in Spain, but not determinative. [read post]
30 Nov 2017, 10:20 am by Vanessa Sauter
The incident marks the first fatality in the West Bank in several months. [read post]
11 Oct 2017, 8:17 am
Relying on this, the defendant argued that in the UK and Ireland, 'Kerry' was so widely known as an Irish cattle-farming county that the emphasis would be on “GOLD” and “MAID” respectively, so there was no likelihood of confusion. [read post]
9 Oct 2017, 9:03 am by Peter Groves
It's possible to argue that there's no likelihood of confusion on the basis that the common part of the trade marks is the name of an Irish county famed for dairy products, so the question whether GOLD and MAID are confusingly similar: but the fact that the KERRY part of the trade marks is the beginning makes them more confusing, and perhaps KERRYGOLD is well-enough known that consumers seeing KERRY-anything on the supermarket shelf would get… [read post]
29 Sep 2017, 11:37 am by Mark Astarita
 The SEC’s investigation was conducted by Prashant Yerramalli, Desiree Marmita, Kerri Palen and Sheldon L. [read post]
12 Sep 2017, 12:20 pm by Melinda L. McLellan and Emily Fedeles
Although PNR agreements are not directly analogous to the Privacy Shield Framework, the opinion marks the first time the CJEU has addressed the conditions for authorizing cross-border personal data transfers through treaties. [read post]
4 Aug 2017, 6:15 am by Robert Schaffer
Kerry Earnhardt, Inc., where Teresa Earnhardt appealed from the dismissal of its opposition to the trademark registration of EARNHARDT COLLECTION by Kerry Earnhardt, Inc (“KEI”). [read post]
1 Aug 2017, 10:00 pm
Kerry Earnhardt, as CEO of Kerry Earnhardt, Inc., attempted to apply for a trademark on “EARNHARDT COLLECTION,” but Theresa opposed registration for various reasons including that the mark was “primarily merely a surname” under Section 2(e)(4) of the Lanham Act. 15 U.S.C. [read post]
28 Jul 2017, 1:08 pm by Lawrence B. Ebert
In the outcome, the CAFC vacated a decision of the Trademark Board:This case arises from Kerry Earnhardt, Inc. [read post]
11 Jul 2017, 10:45 am by John Malcolm
Justice Anthony Kennedy reiterated this same point just two years ago in a concurring opinion in Kerry v. [read post]
2 Jun 2017, 1:34 pm by Josh Blackman
This post is the fourth part of a five-part series on the Fourth Circuit’s recent en banc decision in IRAP v. [read post]
25 May 2017, 5:46 pm
Yet in our culture, one marked by elite-driven mass mobilization societies, theory can serve both qualitative and quantitative driven instrumentalism by offering a coherent structure within which the reality around us can be ordered, either around a central concept or insight, or around nothing at all. [read post]
16 May 2017, 7:30 am by Peter Margulies
Although I believe the revised EO is consistent with the INA, the government’s statutory theory overshoots the mark. [read post]
9 May 2017, 4:59 am by Jane Chong
” Even if Mandel does apply, the government’s insistence that the court not look behind the executive order’s text disregards the “bona fide” prong of the standard; as Justice Kennedy explained in his plurality opinion in Kerry v. [read post]
11 Apr 2017, 9:55 am by J. Dana Stuster
" Kerry was ridiculed for the statement; critics argued that he was telegraphing how ineffective the planned response would be. [read post]