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11 May 2016, 4:03 am
Belmora's FLANAXBased on its reading of the Supreme Court’s Lexmark decision, the lower court had dismissed Bayer’s Section 43(a) false association and false advertising claims under FRCP 12(b)(6) and entered judgment on the pleadings as to Bayer’s Section 14(3) claim, ruling that the Lanham Act does not allow an owner of a foreign mark not registered in the United States, who does not use the mark in the United States [Bayer], to assert… [read post]
15 Dec 2014, 1:30 pm by Luke Hawthorne (AU)
  Source: Apple Inc. v Registrar of Trade Marks [2014] FCA 1304 [read post]
8 May 2013, 7:00 am
The Cancellation Division rejected the application, stating that the applicant had failed to demonstrate that the name was used in the course of trade at the date of application for registration of the conflicting mark. [read post]
19 Mar 2017, 3:54 pm by Jeff Gittins
The Utah Supreme Court recently issued its opinion in the case of Haik v. [read post]
23 Sep 2023, 3:43 am by Alessandro Cerri
It is also questionable whether the Court was correct in stating that consumer perception will only be relevant in certain circumstances, when the CJEU stated at least twice in Louboutin (at least in the English translation – see paras 43 and 48) that it was ‘necessary’, in order to determine whether a marketplace operator makes ‘use’ of a sign, to assess consumer perception. [read post]
31 Dec 2010, 2:18 pm by Jonathan
Recently, the Seventh Circuit Court of Appeals released an opinion in the Bd. of Regents of Univ. of Wisc. v. [read post]
4 Jun 2019, 6:44 am by Ann Brown
Most Iowans know that Iowa was one of the earliest states to legalize gay marriage. 2019 marks the 10-year anniversary of the Iowa Supreme Court’s Varnum v. [read post]