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30 May 2023, 11:54 am by Eric Goldman
Monaghan Trademark Owner Sues Over Alleged Twittersquatting–Coventry First, LLC v. [read post]
30 May 2023, 11:25 am by Nicholas J. Krob
” As the name implies, a trademark applicant is able (and generally expected) to respond to such a refusal and make a case for why registration of the trademark is in fact proper. [read post]
30 May 2023, 10:36 am by Eleonora Rosati
The ‘GRUR meets Brussels’ Workshop 2023 provides for a perfect opportunity to discuss the two proposals and related comments/concerns, including the removal of the current seven-view limitation, possibilities to amend the representation of the EU design before registration and the issue of disclosure in case of unregistered EU designs. [read post]
30 May 2023, 4:30 am by Lawrence Solum
The first is that a comparative reluctance to order the destruction of patent-, as opposed to copyright- or trademark-infringing goods, would be consistent with economic considerations. [read post]
30 May 2023, 12:00 am by Anna Maria Stein
For the registration of a sign to be refused, it is sufficient that the sign has a descriptive character in part of the EU, which may be just a single Member State (in this case Germany). [read post]
29 May 2023, 9:01 pm by Vikram David Amar
Tam (rejecting the federal government’s argument that the registration of trademarks constituted government speech) powerfully put the point (with my emphasis added): [W[hile the government-speech doctrine is important—indeed, essential [insofar as government has to be able to speak sometimes] —it is a doctrine that is susceptible to dangerous misuse. [read post]
26 May 2023, 3:52 am
” John Strand and John Welch will provide a summary and analysis of the past year’s most important trademark cases in the courts and at the TTAB. [read post]
25 May 2023, 2:58 am
" [see example below] And so, the Board found that the USPTO had failed to make a prima facie case of functionality. [read post]
25 May 2023, 2:32 am by Kluwer IP Reporter
And in the longer term, will be the basis for some interesting case law. [read post]
24 May 2023, 9:24 am by Lloyd J. Jassin
" In such cases, the commissioning party is considered the sole author and owner of the work. [read post]
24 May 2023, 9:24 am by Lloyd J. Jassin
" In such cases, the commissioning party is considered the sole author and owner of the work. [read post]
23 May 2023, 2:37 pm by Holman
  In many cases, such formulations are sufficiently innovative to justify their own patent, sometimes referred to as an “improvement patent. [read post]
23 May 2023, 6:22 am by Dan Bressler
“Patent Probe Can Proceed Despite Judge’s Cisco Stock Ownership” — “Cybersecurity firm Centripetal Networks LLC can’t halt a US Patent and Trademark Office tribunal’s validity review of a patent that was part of a wiped-out $1.9 billion verdict against Cisco Systems Inc., the Federal Circuit ruled Tuesday. [read post]
Lidl could have been “Lidl on price” if it simply had confined its pleaded case to s.10(3) TMA infringement, relying only upon the plethora of social media evidence gathered to achieve the same result. [read post]
22 May 2023, 12:07 pm by Rebecca Tushnet
Although this was a false advertising case with no obvious 18th-century analogue, the court found Hard Candy dispositive. [read post]
22 May 2023, 11:55 am by Rebecca Tushnet
Anyway, “recognizability thus serves the purposes of trademark law in the false endorsement context. [read post]