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13 Dec 2021, 9:00 am
The Select Committee to Investigate the January 6th Attack on the United States Capitol Sunday issued a report recommending a contempt of Congress charge against Mark Meadows, chief of staff to former President Donald Trump, for failing to comply with the Committee’s subpoena. [read post]
26 Apr 2014, 6:23 pm
What's more, the claim would have failed because the use as mark is a threshold requirement in a trade mark infringement claim and the plaintiff had not shown that the defendants used the phrase “Own Your Power” as a mark, because use as a mark means use in commerce, which happens when the mark is affixed to the goods “in any manner. [read post]
19 Sep 2018, 4:57 am
The Board dismissed this Section 2(d) opposition to registration of the mark MANSUR GAVRIEL, in standard character form, for handbags, wallets, and the like, first finding that opposer failed to prove priority, and then concluding, for the sake of completeness, that applicant's' mark was not confusingly similar to opposer's mark PHILLIP GAVRIEL for jewelry. [read post]
10 Dec 2018, 11:00 am
For instance, failed oppositions may embolden other third parties to use or register trade marks that may bear some arguable similarities to the owner’s trade mark. [read post]
21 Mar 2008, 5:00 am
"The 6th factor was "neutral": there was no evidence that any third-party uses a similar design mark on similar goods.As the 5th factor, Honda failed to establish that its mark is famous, but the Board did find the mark to be a strong one in view of Honda's sales figures (37,000 motorcycles sold for $440 million over the 1996-2005 time period), and in view of the lack of evidence of third-party use of similar marks.Turning finally to the 1st du… [read post]
12 Mar 2009, 4:39 am
Mark Graber (University of Maryland - School of Law) has posted James Buchanan as Savior? [read post]
25 May 2021, 11:41 am
The Financial Industry Regulatory Authority (“FINRA”) has suspended Triad Advisors LLC broker Mark Just from the securities industry for three months for willfully failing to timely amend his Uniform Application for Securities Industry Registration or Transfer (Form U4) to disclose two state tax liens, which totaled $37,333.80. [read post]
21 Aug 2017, 2:56 am
" The critical determination is how the proposed mark is perceived by relevant consumers.The Board agreed with Examining Attorney Marlene Bell that applicant's proposed mark fails to function as a service mark. [read post]
14 Jun 2013, 6:09 am
The 2013 proxy season marks the third year of Advisory Vote on Executive Compensation proposals (Management Say on Pay (MSOP)) as required under the Dodd-Frank Wall Street Reform and Consumer Protection Act. [read post]
25 Oct 2016, 1:49 am
Given the substantial investment that many trade mark holders make into their marks it is unsurprising that many trade mark holders fail to retain a sense of humour when presented with parodic use. [read post]
13 Sep 2013, 2:55 pm
In Cheah, the Applicant, who was self‑represented, did not meet the onus on him to prove the mark was registrable. [read post]
Judge Solis compares false marking to "someone who says, 'I am not married,' when indeed, they are."
22 Jun 2011, 5:35 am
Defendant's motion to dismiss plaintiff's qui tam false marking action for failing to plead with particularity was denied. [read post]
11 Sep 2010, 7:15 am
Mike "The Situation" Sorrentino failed to get trademarks to --The Situation-- or to --Mike Sorrentino. [read post]
30 May 2007, 5:08 am
BMW failed on both counts.Citing copiously from European and UK case law, the court required trade mark use, holding that what is needed is ‘an interpretation of the mark through the eyes of the consumers as used by the alleged infringer…[which] creates an impression of a material link between the product and the owner of the… [read post]
12 Nov 2010, 7:35 am
Personal injury claims involving incidents on dangerous stretches of road are common in the UK, with many such accident claims being brought after motorists have failed to drive in accordance with the road conditions. [read post]
1 Apr 2024, 12:16 am
If the owner of the contested trade mark can show acquired distinctiveness on either date, the invalidity application fails. [read post]
28 Feb 2011, 9:33 pm
We argue that the False Marking Statute fails to give the executive branch, through the attorney general, control over the enforcement actions brought at its behest. [read post]
5 Jun 2012, 9:30 pm
After alleging that its product practiced the invention claimed in its patent, and having failed to properly mark that product, a patent owner found itself unable to pursue damages for alleged infringement before the date when the accused infringer received actual notice of the patent. [read post]
9 Sep 2020, 4:06 am
The Board affirmed a refusal to register the proposed mark THE NEXT MOVE IS YOURS for "real estate agency services, real estate brokerage, real estate management, leasing of real estate," on the ground that the phrase fails to function as a mark under Section 1, 2, 3, and 45 of the Trademark Act. [read post]
9 Jan 2023, 4:37 am
Brunetti himself found that out last year when his attempt to register "FUCK" failed to clear that hurdle. [read post]
