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18 Nov 2014, 2:46 am
Moreover, post-filing documentation is admissible to corroborate the existence of a pre-filing bona fide intent.Although applicant intention may have been focused more on expansion generally than on leather goods specifically, "that does not mean that Applicant's intent to use its mark on leather goods (and other products) was not bona fide. [read post]
4 Feb 2011, 7:43 pm
The Second, Eighth, and Ninth Circuits currently hold that the bona fide error defense applies only to clerical errors, and not mistakes of law, while the Sixth and Tenth Circuits have held that mistakes of law do qualify for the bona fide error defense. [read post]
18 Oct 2011, 8:44 pm
We have one critical carve-out to that principle, the holder-in-due-course doctrine, but the holder-in-due-course is much like the bona fide purchaser: it only applies if you take in good faith and without notice of defect. [read post]
24 Oct 2016, 3:13 am
Claypool, Opposition No. 91220927 (September 26, 2016) [not precedential].As we know, the lack of documentary evidence regarding an applicant's alleged bona fide intent is sufficient proof, absent adequate explanatory evidence, to demonstrate that applicant lacked a bona fide intention to use the applied-for mark in commerce at the time of filing. [read post]
8 Sep 2011, 10:00 am
The TTABlog recently pointed out a precedential TTAB decision that could be read to throw doubt on the scope of any claim that the applicant/registrant lacked a bona fide intent to use the mark in connection a class of goods in which the applicant lists several specific goods. [read post]
27 Apr 2010, 2:55 am
"The Board ruled that the Padres had made out a prima facie case which, if unrebutted, would suffice to establish lack of bona fide intent. [read post]
9 Jul 2010, 2:05 am
Bumb "lacked the requisite bona fide intention to use the MITHRIL mark in commerce when he filed his intent-to-use application to register that mark. [read post]
16 Dec 2009, 2:38 am
Are the chances just as bad for lack of bona fide intent? [read post]
8 Jul 2009, 12:36 pm
The latest issue of The Trademark Reporter includes Sandra Edelman's timely and informative article on bona fide intent, entitled "Proving Your Bona Fides - Establishing Bona Fide Intent to Use Under the U.S. [read post]
3 Aug 2017, 10:24 am
Gupta] was not a true, bona fide liability to Ms. [read post]
29 Mar 2010, 2:21 am
- ed.].Lack of bona fide intent: Applicant contended that the permanent injunction previously issued did not apply to it, but the Board disagreed. [read post]
10 Dec 2021, 3:47 am
The existence of a genuine issue of material fact as to applicant's bona fide intent precluded summary judgment. [read post]
6 Dec 2007, 4:56 am
"Lack of bona fide intent: As to Opposer's allegations that Applicant lacked a bona fide intent to use its mark, Applicant submitted a copy of a design patent application as evidence of its bona fide intent. [read post]
10 May 2012, 10:12 am
Local 553 Pension Fund, No. 10-3889-cv (2nd Cir. 2012), involved a determination of whether the "bona fide sale exemption" (found in 29 U.S.C. [read post]
19 Oct 2016, 3:31 am
Applicant Lake's lack of documentary evidence regarding her alleged bona fide intent was sufficient to support the Board's granting of opposer's motion for summary judgment, under Commodore Electronics Ltd. v. [read post]
10 Apr 2009, 3:50 am
Do we ask ourselves how we will prove a bona fide intent should that issue arise? [read post]
22 Apr 2010, 11:31 am
Furthermore, she wrote, state laws similar to the FDCPA have explicitly excluded mistakes of law from their own bona fide error defenses. [read post]
10 Apr 2019, 3:16 am
” The Board, however, observed that Yedor’s hopes are insufficient to show bona fide intent. [read post]
25 Apr 2017, 12:40 pm
A question arises – is the potential buyer a bona fide purchaser for value, who may rely on the recorded judgment? [read post]
25 Apr 2017, 12:40 pm
A question arises – is the potential buyer a bona fide purchaser for value, who may rely on the recorded judgment? [read post]
