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2 Feb 2010, 11:01 am by Steve Bainbridge
In July 2009, a federal district court threw out an SEC civil insider trading case against Dallas Mavericks CEO Mark Cuban. [read post]
24 Apr 2013, 7:46 am by Jeremy
There may be some logical explanation of all this, but foreign trade mark applicants -- who probably constitute the preponderant majority, if not an overwhelming majority, of brand-owners in need of protection -- are generally not in a position to see for themselves what is going on and it can make them feel quite insecure. [read post]
21 Dec 2011, 7:51 am by Rebecca Tushnet
”  False marking may dissuade potential competitors from entering the market, or deter scientific research. [read post]
21 Oct 2015, 11:08 am
A pharma mark will need to be both registered at the USPTO under US trade mark law and approved by the FDA, the latter process involving aspects such as phonetic and orthographic computer analysis (known as “POCA” - a lookalike/soundalike analysis) and a “scripting” review (which looks at what a mark may look like when handwritten). [read post]
25 Jul 2019, 2:34 am
Thus these goods are of a type that may emanate from a single source. [read post]
13 Dec 2011, 1:40 pm by Shireen Smith
  If it  encourages taking advice then people would go to advisers who may not necessarily recommend trade mark registration. [read post]
31 Jan 2012, 2:08 am by John L. Welch
As to the remaining goods and the services, the Examining Attorney submitted a number of third-party registrations showing that these goods and services may emanate from a single source under a single mark. [read post]
31 Oct 2011, 3:15 am by John L. Welch
In their article in the latest issue of The Trademark Reporter, Ann Gilson Lalonde and Jerome Gilson provide an extensive review of the law and offer some suggestions for handling these cases in a more consistent and acceptable way: "Trademarks Laid Bare: Marks That May Be Scandalous Or Immoral," 101 Trademark Reporter 1476 (September-October 2011). [read post]
2 Jan 2015, 6:30 am
First a word about the plaintiff: Some Kat readers may recall that Pom Wonderful prevailed in a closely watched decision given by the United States Supreme Court on June 12, 2014, Pom Wonderful LLC v Coca Cola Company. [read post]
17 Feb 2009, 5:47 pm
"The blog even has a Facebook group, Quotation Mark "Hunters", so all you fellow grammar geeks can "fan up! [read post]
11 Jun 2009, 1:03 pm
This last stipulation may be of particular interest to trade-mark owners. [read post]
21 Apr 2023, 4:52 am by Bob Kraft
The post 5 Marks of What Makes a Good (and Bad) Lawyer appeared first on pissd.com. [read post]
1 Jul 2011, 12:35 pm by Robert Wagner
The new false marking statute will limit lawsuits to being filed only by the government or those that can show a competitive injury from the false marking: (1) IN GENERAL- Section 292 of title 35, United States Code, is amended– (A) in subsection (a), by adding at the end the following: ‘Only the United States may sue for the penalty authorized by this subsection. [read post]
7 Jan 2014, 3:01 am
 The documents provided showed that Rivella's mark was used only in Switzerland and that the 1892 Convention did not affect Community trade mark law; they may as well have proved use in Kiribati or Vanuatu.In 2010 Rivella appealed unsuccessfully to the Board of Appeal which was of the same view, stating that Articles 42(2) and (3) of the Regulation required an opponent's earlier trade mark to have been put to genuine use in the Member State in which it was… [read post]
8 Mar 2020, 1:30 pm by James Hastings
  It may not consider how the parties actually use their goods in the marketplace in assessing these factors. [read post]
2 Feb 2010, 12:28 pm by Jim Pravel
The TTAB listed the following as what NBOR did not provide to prove a bone fide intent to use the mark: it has not offered any goods or services for sale under the involved mark; the mark has not been used and no plans have been made as to how the mark may be used; there is no projected date of first use in commerce; no channels of trade have been formulated or planned for the future; the classes of consumers and geographic areas of sales have… [read post]
12 Mar 2019, 1:02 pm by Venkat Balasubramani
This particular post may not be the poster child for Twitter’s challenges, but it’s close. [read post]