Search for: "Matter of Mark T."
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30 Dec 2019, 3:00 am
"The 9th Circuit ruled that an exception to claim preclusion applied here: Under the Restatement (Second) of Judgments, an exception to claim preclusion applies if "[t]he plaintiff was unable to rely on a certain theory of the case or to seek a certain remedy or form of relief in the first action because of the limitations on the subject matter jurisdiction of the courts" and "the plaintiff desires in the second action to rely on that theory or to seek that… [read post]
14 Jun 2021, 2:57 am
" Assertions appearing in the Internet printouts must by corroborated by testimony as to the truth of the matter asserted. [read post]
12 Jan 2023, 1:32 pm
And how the material ended up where it shouldn’t be will matter a lot. [read post]
31 Jan 2019, 6:23 am
For the first mark, Steven claimed acquired distinctiveness based on use for at least five years, and that hadn’t happened. [read post]
3 Jun 2014, 12:25 pm
Parrillo’s answer: Money matters. [read post]
10 Dec 2010, 2:42 pm
While the court hasn't ruled on class certification, the court just dismissed the claims of all but two of the supposed "class" plaintiffs for failure to prove causation as a matter of law. [read post]
17 Oct 2011, 5:52 pm
Here's a dismissive paragraph posted today on the WW site that speaks volumes: The PBA didn't send questionnaires to a number of no-money candidates who have also filed to run, including Novick's two challengers, Powellhurst-Gilbert Neighborhood Association President Mark White and Office of Neighborhood Involvement program coordinator Jeri Williams. [read post]
13 Jun 2019, 11:32 am
” Still, there was evidence that beveling wasn’t the only way to fulfill the function, which matters because design patent functionality is ridiculously restricted (though why it matters if there wasn’t conscious ornamental design seems like a question worth asking). [read post]
30 Sep 2009, 3:00 am
Often times, the word portion of a mark is subordinate to the design component and consumers rely on the design or other matter to identify the source of the goods or services. [read post]
16 Oct 2022, 4:49 am
This isn’t to say that no cause matters, or no problem is real or serious, but that the extremes of harm and destruction aren’t about fixing the problems, but about making sad people feel as if they matter by doing enough damage to get other people to look at them. [read post]
5 Jan 2015, 5:08 am
The decision is about likelihood of confusion, reputed trade marks' extended protection, and passing off.* The Naked Truth: use of BARELY THERE wasn't even barely thereAnother Irish Patents Office’s decision that Jeremy reports is HBI Branded Apparel Enterprises LLC v Dunnes Stores Ireland Company. [read post]
8 Jul 2010, 3:22 pm
It is, however, for the national court to determine, in the light of the particular circumstances of the case, whether or not there was, in fact, a use, within the terms of Article 6(1), which could be regarded as having been made in accordance with honest practices in industrial or commercial matters.3. [read post]
13 Jul 2015, 3:51 am
The marks were invalidated almost a year ago by the Appeal Board, after they saw that the marks were disparaging to Native Americans under section 2(a) of the Lanham Act.* Were the condoms "made in Germany" and why does it matter? [read post]
24 Jun 2008, 10:00 am
I don't. [read post]
29 Jan 2014, 1:58 am
By the time this Kat got down to reading the decision of the Sixth Chamber of the General Court of the European Union in Case T‑320/10 Fürstlich Castell’sches Domänenamt Albrecht Fürst Zu Castell-Castell v Office for Harmonisation in the Internal Market (Trade Marks And Designs) (OHIM), Castel Frères Sas, dating back to 13 September last, it was no longer topical and he decided not to write it up. [read post]
7 Dec 2014, 4:18 am
Which Mark Sanchez will show up? [read post]
4 Jul 2015, 4:20 am
Finally, Judge Hacon turned to UKUO’s defense under Article 12(b), and although UKUO did claim the sign used was merely of descriptive character (which it was deemed to be), their adoption of the mark within honest practices in industrial or commercial matters was placed in doubt by the judge. [read post]
8 Feb 2018, 3:36 am
By suggesting an ‘evolutionary’ interpretation of the ‘substantial value’ ground and rejecting the idea that a sign’s reputation (and distinctive character) matters, it would appear that – similarly to his previous Opinion – the AG tried implicitly to ‘save’ the Louboutin trade mark. [read post]
31 Mar 2011, 2:58 am
The Court of Justice of the European Union is being kept very busy by intellectual property matters these days. [read post]
7 Jun 2011, 9:12 pm
But IAER has something Basel doesn’t have: a federal registration for CERTIFIED ELECTRONICS RECYCLER as a certification mark. [read post]
