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19 Aug 2010, 12:23 am
This time it was the LADY GAGA mark, her image, likeness and merchandise that was the subject matter of the complaint. [read post]
24 Jun 2011, 12:16 pm
It wasn’t always true. [read post]
27 Jun 2010, 11:29 pm
Now, having my recollection refreshed, I'm reminded that some trademarks can be denied registration as "scandalous" because of the word or image itself -- so, it doesn't really matter what the goods or services are, if the word represents the excrement of a bull, or the image of a defacating dog, the profane nature of the term or image requires refusal as "scandalous," even if the goods and services are innocuous. [read post]
10 Jan 2010, 10:22 pm
Significantly, the Third Circuit also rejected an alternative ground for expansion of the bankruptcy court's subject matter jurisdiction on the basis that "a bankruptcy court has subject-matter jurisdiction to adjudicate a motion in an adversary proceeding initiated by a debtor in its own bankruptcy case, regardless of the subject matter of that motion. [read post]
31 Oct 2024, 5:00 am
Don’t focus on one data point like the median or average. [read post]
27 Sep 2019, 4:25 am
” TMEP § 1202.08(b) (emphasis added by the Board).Applicant Madsen stated, without challenge by the examining attorney, that she has “provided at least seven different lectures for the educational services recited in this application with different subject matter for each lecture relating to the mark Predictive Entrepreneur. [read post]
29 Jul 2024, 3:48 am
TTABlogger comment: So if you're thinking that first used dates stated in a registration don't matter much, think again. [read post]
26 Mar 2013, 5:23 am
The subject matter for the proposed marks include a broad range of products, from t-shirts to beer steins to video games to mouse pads ("Put me down for one of those!" [read post]
10 Mar 2022, 4:34 am
" See Herbko, 64 USPQ2d at 1378 ("the publication of a single book cannot create, as a matter of law, an association between a book's title (the alleged mark) and the source of the book ("the publisher.) [read post]
8 Jul 2015, 3:10 am
Didn't think there had to be "clear error. [read post]
20 Feb 2016, 7:41 am
But still, intellectually I think it's clear that he didn't do better because he didn't care to, and in his setting didn't need to. [read post]
13 Sep 2010, 7:35 am
Isn't this another mercantilist heritage that proves how not so free our trade system is? [read post]
15 Apr 2017, 4:17 am
Can you use the Pope's image on T-shirts and gadgets? [read post]
5 Aug 2008, 12:42 am
A-1 Pavement Marking, LLC v. [read post]
26 Dec 2014, 8:00 am
And it doesn’t even matter if you’ve been naughty or nice, the USPTO doesn’t care. [read post]
Suffolk University Law School IP Center, Fourth Annual Intellectual Property & Innovation Conference
30 Sep 2022, 8:21 am
CSA doesn’t apply to clothing/ornamental matter, slogans, information about controlled substances even if it seems to encourage use of marijuana, marks for clearly legal goods (e.g. smoking cessation, drug testing), and marks that include “weed” or other references but don’t actually contain cannabis and say so in the ID. [read post]
8 Oct 2015, 7:23 am
[Couldn't the fluting be both unique in design and utilitarian at the same time? [read post]
10 Feb 2020, 4:36 am
" The Board has repeatedly held that Section 2(e)(2) is still applicable when "generic matter is included if the mark as a whole retains its primarily geographic significance. [read post]
15 Nov 2011, 1:45 am
That doesn’t really matter – you can scroll through tweets to get a sense of what occurred and what people find interesting. [read post]
6 Oct 2009, 6:00 am
Nationwide Ins., 112 Cal.App.4th 1490 (2003)) (emphasis added; internal quotation marks omitted). [read post]
