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18 Nov 2022, 12:42 am
It would be difficult to deny from a brand owner’s perspective that such use would emphasize that there may be some kind of “intimate” connection with the brand and may therefore mislead the relevant consumers or free ride on the aura of the better-known and usually well-known trade mark. [read post]
17 May 2011, 12:19 pm
The Court then considered whether websites can qualify as "unpatented articles" within the scope of Section 292, and determined that "because websites may both embody intellectual property and contain identifying markings, this Court holds that websites can qualify as unpatented articles within the scope of [Section] 292. [read post]
7 Mar 2011, 10:19 am
The court explained that because many relators are interested in quick settlements, the government may be bound by res judicata before the Department of Justice is even aware of the suit. [read post]
28 Dec 2022, 5:02 am
Even those consumers who are not familiar with the English term “BLESSED” may still easily, due to the ending in “-ed”, identify “bless” as a verb used to describe something. [read post]
7 Mar 2011, 10:19 am
The court explained that because many relators are interested in quick settlements, the government may be bound by res judicata before the Department of Justice is even aware of the suit. [read post]
15 Mar 2010, 3:38 am
These are significant costs for the defendant which may benefit the plaintiff, at little up front cost. [read post]
1 Jan 2018, 3:00 am
In the course of such determination it may be necessary to seek and ascertain the existence of not necessarily a real market but the presence of the claimant through its mark within a particular territorial jurisdiction”. [read post]
30 Mar 2009, 2:18 pm
Someone who misuses a service mark or trademark may suffer the consequences in an infringement action under the Lanham Act. [read post]
18 Nov 2021, 12:04 pm
This said, the trade mark of concern in this case was not CAMICISSIMA, but another trade mark instead, i.e. [read post]
2 Aug 2024, 6:07 am
While, on the face of it, it may seem that an applicant without a bona fide claim to a mark makes their application for registration in bad faith, this is not necessarily the case. [read post]
28 Feb 2008, 4:41 am
Instead, consumers will view the proposed mark 'FRESHHERBS.COM' as merely the web site address that they may 'visit' in order to get information about using the Applicant's goods. [read post]
23 Oct 2008, 12:56 am
But a study suggests that the spectre of divorce may promote saving - and working. [read post]
2 Apr 2010, 4:00 am
Perhaps more fundamentally, though, his strength may come from keeping to subjects he knows, cares about, thinks about and takes very personally.Unlike other academics (or lawyers, or engineers), Mark is out there publicly preaching what he practices.Blogs like Mark's make me confident that our democracy will be just fine, may even improve, in the post-"accountability journalism" era. [read post]
15 Jul 2014, 5:38 am
In a 71-page opinion, the Board sustained a Section 2(d) opposition to registration of the mark BRUCE WINSTON for gemstones and fine jewelry, finding the mark likely to cause confusion with the mark HARRY WINSTON and the registered mark WINSTON for jewelry. [read post]
16 Jan 2023, 11:50 am
However, if such burden of proof may lead to a real risk of market partitioning, the burden is reversed and the trade mark proprietor must prove that its rights are in fact not exhausted.Still, it is for the party relying on trade mark exhaustion to demonstrate the risk of market partitioning. [read post]
15 Jan 2021, 1:59 pm
The post US executes man with COVID-19, marking 12th federal execution under Trump appeared first on JURIST - News - Legal News & Commentary. [read post]
14 Apr 2020, 6:00 am
For example, colors may provide ornamentation, or may serve to allow a product to blend in with its surroundings (camouflage for hunting gear) or indicate a product’s flavor (yellow for lemon). [read post]
16 Apr 2008, 1:49 am
The event, which in 2008 is being held in Berlin from 17 - 21 May, is one of the largest and most important events on the trade mark professional's calendar, with over 8,000 trade mark owners, managers, advisors, and providers of related services due to attend from across the globe. [read post]
18 Apr 2016, 8:41 pm
A study recently published in Nature and authored by Mark A. [read post]
[Eugene Volokh] Mark McCloskey, Pardoned for Brandishing Guns at Protesters, Can't Get the Guns Back
26 Dec 2023, 2:50 pm
" … UPDATE: I originally wrote that this opinion was from the Missouri Supreme Court; I've corrected the error (thanks to Jason Marks for pointing it out).The post Mark McCloskey, Pardoned for Brandishing Guns at Protesters, Can't Get the Guns Back appeared first on Reason.com. [read post]
