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6 Sep 2016, 6:56 am
The factors for assessing confusion are set out in Polaroid Corp v Polarad Electronics Corp., 287 F.2d 492 (2d Cir. 1961) and include the strength of the mark, the degree of similarity of the marks, the degree of similarity of the products, the likelihood that the senior user would expand, actual confusion, the defendant’s motive and good faith, the quality of the defendant’s product, the sophistication of the buyer class. [read post]
25 Aug 2016, 8:12 am by Eric Goldman
Under the descriptive fair use doctrine, a trademark can be used in its dictionary sense to describe the speaker’s own goods and services—that’s why Ocean Spray can market its cranberry juice as “sweet-tart” without infringing Nestle’s SweeTart trademark for candy. [read post]
17 Aug 2016, 10:00 pm by Coral Beach
The raw, frozen scallops were imported to the U.S. from the Philippines by Sea Port Products Corp., a California business. [read post]
15 Aug 2016, 4:31 pm by Michael B. Stack
I ended up getting an insurance job because my father worked in the business. [read post]
3 Aug 2016, 5:16 am by SHG
“I’m a reporter,” I said, handing him my business card, which was already in my hand. [read post]
1 Aug 2016, 6:21 pm by Dennis Crouch
  The proposed VENUE Act would allow patent actions to be brought only in judicial districts where: the defendant has its principal place of business or is incorporated; the defendant has committed an act of infringement of a patent in suit and has a regular and established physical facility that gives rise to the act of infringement; the defendant has agreed or consented to be sued; an inventor named on the patent conducted research or development that led to the application for… [read post]
21 Jul 2016, 4:11 pm by Craig Toncic
A Brief Background into Recent ADA Compliance Developments Since 1990, profound and fundamental changes in the way business is carried out, information is obtained, and the way people shop for goods and services have occurred. [read post]
19 Jul 2016, 6:07 pm by Jeffrey P. Gale, P.A.
AMR Corp., 176 So. 3d 392 (Fla. 1st DCA 2015). $2,219.08 formula fee 41.5 hours of legal work = $53.49 an hour. [read post]
19 Jul 2016, 6:07 pm by Jeffrey P. Gale, P.A.
AMR Corp., 176 So. 3d 392 (Fla. 1st DCA 2015). $2,219.08 formula fee 41.5 hours of legal work = $53.49 an hour. [read post]
8 Jul 2016, 7:23 am by Ronald Collins
Given that, what is your view of Kathryn Watts’s argument that the working papers of federal judges, including Supreme Court Justices – meaning their internal chambers’ papers and electronic correspondence and documents relating to cases and other official court business – should be treated as governmental property? [read post]
7 Jul 2016, 1:29 pm by Law Offices of Jeffrey S. Glassman
Bankruptcy Court for the Southern District of New York recently ruled in Rapid-American Corp. et al. v. [read post]