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29 Sep 2011, 5:59 am
The court sua sponte dismissed plaintiff's qui tam false marking action for failure to state a claim following the enactment of the Leahy-Smith America Invents Act. [read post]
4 Jan 2013, 2:15 pm
Membership is limited to those attorneys who have resolved a case in excess of a million dollars and/or a case in excess of two million dollars. [read post]
22 Jun 2011, 9:47 am
The case reinforced some existing trade-mark understanding – but also clarified some things. [read post]
7 Nov 2023, 8:37 am
Notably, this case marked the SEC’s first instance of addressing high-frequency trading manipulation, and it underscored the SEC’s commitment to pursuing market manipulators, irrespective of their trading sophistication. [read post]
29 Jan 2020, 2:52 pm
In this case, it was a bit surprising that the Board justified its decision based solely on the marks being sufficiently different while finding the other relevant factors weighing in favor of finding a likelihood of confusion. [read post]
26 Mar 2010, 2:21 am
In this case of first impression, the Board ruled that a foreign trademark owner who has filed an ITU application may rely on the fame of its mark in the United States to support a dilution claim in an opposition. [read post]
28 Feb 2011, 11:49 am
Case: Hills Industries Limited v Bitek Pty Ltd [2011] FCA 94Being a busy solo, I've not had a lot of time to wallow around in cases as much as I'd like. [read post]
16 Mar 2012, 6:00 am
In any case, our hard working staff concurs with your first opinion. [read post]
29 Apr 2010, 12:07 pm
Tex 2010) In a 2009 decision, the Federal Circuit remanded the Bon Tool case with instructions to the district court to recalculate the false marking fine owed to the defendant-counter-claimant. [read post]
14 Jul 2014, 10:44 am
Departments Viewpoint A Bench Mark case indeed! [read post]
24 Mar 2011, 10:38 am
An official ruling on the Interflora case against Marks and Spencer is expected in the next six months, with many hoping that it will bring about a landmark clarification of online advertising law and that it will change legislation in a way that will provide support to both legitimate businesses and vulnerable consumers alike. [read post]
12 Jun 2016, 9:59 pm
Indeed, in Australia the patentee has an advantage, in the case that products are not marked as being patented, and it is the infringer that must satisfy the court that it lacked relevant awareness of the existence of a patent.Even so, there are clear benefits in marking products as patented in Australia.However, marking can create problems of its own. [read post]
6 Dec 2007, 10:18 am
Whatever happens, what a great case for my Start Ups class next semester. [read post]
25 Jul 2013, 6:21 am
This case goes to show that defendants face extreme bars to getting attorney’s fees even in eyeroll-inducing cases. [read post]
4 Nov 2011, 2:12 pm
MARK STEYN: The Case For Pessimism. [read post]
2 Jul 2008, 11:44 am
[www.supremecourtus.gov]No. 08-5020 *** CAPITAL CASE *** Title: Mark Dean Schwab, Petitionerv.FloridaDocketed: July 1, 2008Lower Ct: Supreme Court of FloridaCase Nos.: (08-1199)Decision Date: June 27, 2008~~~Date~~~ ~~~~~~~Proceedings and Orders~~~~~~~~~~~~~~~~~~~~~Jun 30 2008 Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. [read post]
21 Jan 2011, 7:18 am
It is common for parties to settle contested litigation with broad releases of the type used in the [other] cases, which relinquished improper marking claims whether known or unknown, and whether or not asserted in any lawsuits. [read post]
19 Mar 2007, 9:00 pm
In the instant case, as in Knight Textile, the house mark is deemed to be the primary and most distinctive element of the composite mark. [read post]
26 Jun 2020, 4:33 am
Mark A. [read post]
28 Apr 2019, 11:30 pm
In that regard, Art 8(5) attempts to strike a balance.Nevertheless, whilst currently registration is in classes, with the rise in cases where there is an identical or similar mark in dissimilar goods/services, but the mark has a reputation that will be taken unfair advantage of, such as this one, will we always? [read post]