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8 Oct 2008, 6:59 pm
The distinction in the Board’s analysis of the likelihood of confusion between the marks is pretty interesting - the difference in words matters more than the conscious copying of the font and style of the overall layout. [read post]
25 Apr 2017, 7:40 am by Ilya Somin
Foot Voting Political scientist Mark Chou has a piece in Governing magazine commenting on my exchange on “foot voting” with J.D. [read post]
18 Apr 2023, 5:36 am by Rebecca Tushnet
” Because these developments occurred after the termination of the Distribution Agreement in September 2021, the court couldn’t find as a matter of law that ZimVie was estopped at this stage in the proceedings. http://tushnet.blogspot.com/feeds/posts/default? [read post]
14 Sep 2015, 10:00 am
  For that matter, I don't know anyone who likes to be screamed at but I know not a few people who, when confronted by a screaming meemie will beat a hasty retreat - so, I guess I was doing better than most by not just ignoring this crazed person. [read post]
3 Nov 2008, 6:54 pm
I suppose the worst thing about the whole matter is that Fulham struck the woodwork twice in this match, had a couple of good chances go to waste and had Tim Howard make a couple of fine saves to keep the Whites out of the net.I didn't see possession stats, but it seemed to me that Fulham had the majority of the possession by a little and Everton had some additional good chances, a couple of which made sure that Mark Schwarzer earned his paycheck. [read post]
27 Aug 2024, 10:33 am by Rebecca Tushnet
(As is so common these days, the real issue is affiliation confusion, which also matters.) [read post]
28 Jun 2019, 2:21 am by Sander van Rijnswou
"The grant of a patent marks a point defining the rights of the patent proprietor over third parties. [read post]
13 Aug 2019, 6:03 am
| "BOSWELAN" - No Special Treatment for Medicinal Product Trade Marks | CJEU dismisses Red Bull’s appeal concerning its colour combination marks | The trademark question that never stops giving: when is there a material difference between the registered form and the form of actual use? [read post]
14 Sep 2007, 10:07 am
What he said doesn't matter. [read post]
5 Dec 2023, 4:13 am
"The problem is that the phrase does not function as a mark, and therefore it cannot be protected as such, no matter when it was first used, or by whom. [read post]
4 Dec 2020, 1:25 pm by Lawrence B. Ebert
Gould, 866 F.2d at 1392 (“When the case between the parties has been settled, there is no actual matter in controversy essential to the decision of the particular case[.] [read post]
23 Dec 2014, 4:15 am
" In addition, the Board found that the applied-for mark fails to function as a trademark because it is merely informational. [read post]
16 Sep 2021, 7:32 am by Rebecca Tushnet
” In a reverse confusion case, “[t]he relative obscurity of Plaintiff as a small business does not undermine this conclusion. [read post]
9 Jan 2015, 2:11 am
For example, the Wikipedia page for Kleenex currently states: “In the USA, the Kleenex name has become, or as a legal matter nearly has become, genericised”. [read post]
9 Mar 2015, 9:00 am
An annulment, on the other hand, marks the end of a marriage that was either void or voidable at the time the parties wed. [read post]
30 Jun 2010, 11:12 am by randal shaheen
The letter objected to the product’s slogan—“Pâté is passé. [read post]
24 Jun 2019, 9:02 am by Eugene Volokh
" So we don't know for sure whether such a specific rule against registering vulgar and profane marks would be constitutional, though we know that it might be, and that this decision doesn't settle the matter. [read post]
22 Jul 2010, 6:48 pm
I want to register a trademark for the business name as it is available but I eventually want the business to own the mark. [read post]