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23 Jan 2023, 8:18 am
A trademark can be opposed for numerous reasons, including an allegation that there is a likelihood of confusion with another registered mark, that the mark is scandalous/offensive, that the mark is merely descriptive, or there is a possibility that the opposing party’s registered trademark will suffer dilution or other harm from a perceived connection to your proposed mark. [read post]
8 May 2008, 4:24 am
Mark Spottswood (U.S. [read post]
2 Oct 2009, 4:05 am
Indeed, we are particularly fortunate that despite taking aggressive and often unreasonable positions about the Constitution, the Bush Administration obeyed court decisions that pushed back at its worst policies; otherwise it could have done even more harm to the rule of law and to constitutional government. [read post]
31 Dec 2022, 6:09 am
To mark the occasion of his passing, and to remember this wonderful address. [read post]
10 Sep 2010, 12:20 am
Morgan, 177 Cal.App.4th at 1258, 99 Cal.Rptr.3d 768 (citation and internal quotation marks omitted). [read post]
6 Jun 2019, 9:02 am
Strength of mark: makes parody less likely to confuse. [read post]
24 Feb 2022, 9:15 am
Olympic Com mittee, 483 U.S. 522 (1987), but that case allowed the government to bar even nonconfusing unauthorized uses that “nevertheless may harm the USOC by lessening the distinctiveness and thus the commercial value of the mark. [read post]
16 Oct 2021, 9:21 am
The essence of a failure-to-warn claim is that (1) a manufacturer knows, or should know, about a harmful aspect of its product, (2) which knowledge is not appreciated by customers, (3) the manufacturer fails to warn adequately of this known harm, and (4) the manufacturer’s failure to warn causes the plaintiff to sustain the particular harm of which the manufacturer had knowledge, actual or constructive. [read post]
25 Jun 2019, 12:16 pm
A registration bar wouldn’t harm First Amendment interests much, because businesses would remain free to use the terms, even as marks, and could still register other marks. [read post]
18 May 2017, 12:07 am
This can harm the IP value in the long term. [read post]
18 May 2017, 12:07 am
This can harm the IP value in the long term. [read post]
5 Jan 2017, 6:58 am
More specifically, to satisfy its burden of proof, the prosecution must establish all of the following elements: The accused committed a strict liability offence which was objectively dangerous; The conduct of the accused constituted a marked departure from the standard of a reasonable person in the same circumstances; and Taking in consideration all the circumstances of the case, a reasonable person would have foreseen the risk of bodily harm. [read post]
17 Apr 2017, 6:56 am
” The allegedly infringing watches were marked with “NY & Co. [read post]
4 Oct 2021, 12:29 pm
Not every word on a label or ad is a mark. [read post]
16 Jun 2014, 4:45 am
The court disagreed: the marks didn’t have to be the most prominent part of the trade dress to dispel confusion, and anyway MOJO was the second most prominent feature after the transparent window. [read post]
6 Sep 2011, 2:59 am
Cooking food to the proper internal temperature is the only way to kill harmful bacteria. [read post]
20 Sep 2012, 7:50 am
While satire or parody may be asserted as a defense to trademark dilution, under the Federal Trademark Dilution Revision Act (2006), trademark owners can claim dilution of a famous mark by tarnishment, that is, by an association that harms the reputation of the famous mark, such as alleged here. [read post]
3 Jul 2023, 11:00 am
But it does not seem to require harm. [read post]
9 Aug 2013, 7:13 am
(One risk, it seems to me, is that nations will decide “we want trademark owners to have rights to protect the dignity and reputation of their marks, however insulted or harmed”; having done so, that’s about it for free speech defenses.) [read post]
12 Aug 2019, 12:14 pm
Mark Furlan was appointed to represent Mr. [read post]
