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28 Dec 2011, 3:01 am
A stipulation of discontinuance with prejudice without reservation of right or limitation of the claims disposed of is entitled to preclusive effect under the doctrine of res judicata (see Matter of Hofmann, 287 AD2d 119, 123 ["An order of discontinuance effecting settlement on the merits is accorded the same res judicata effect as the entry of judgment on the merits"]; see also Fifty CPW Tenants Corp. v Epstein, 16 AD3d at 294). [read post]
4 Sep 2009, 5:51 am
Plaintiff cites Dilon Medical Supply Corp. v. [read post]
9 Feb 2010, 2:13 am
International Multifoods Corp., 212 USPQ 641, 642 (CCPA 1982), which states that "[t]o establish likelihood of confusion a party must show something more than that similar or even identical marks are used for food products and for restaurant services. [read post]
30 Jan 2012, 2:51 am
Kmart Corp. v. [read post]
10 Oct 2020, 9:46 am
Aspen Highlands Skiing Corp. [read post]
15 Dec 2017, 12:13 pm
Microsoft Corp case set to go before the U.S. [read post]
15 Dec 2017, 12:13 pm
Microsoft Corp case set to go before the U.S. [read post]
21 Apr 2022, 8:20 am
" As Judge Rich explained in In re Abcor Development Corp., 588 F.2d 811, 200 USPQ 215, 219, (CCPA 1978) (Rich, J., concurring), a term that immediately and unequivocally describes the purpose and function of Respondent’s services is a name for those services, for “[t]hat is what names do. [read post]
23 Jul 2020, 10:13 pm
In comparison, clinical (hospital inpatient) records were generated when active duty members were actually hospitalized while in the service. [read post]
23 Jul 2020, 10:13 pm
In comparison, clinical (hospital inpatient) records were generated when active duty members were actually hospitalized while in the service. [read post]
8 Sep 2008, 1:45 pm
Apache Corp., No. 07-0043 In re Labatt Food Service, L.P., No. 07-0419 Wednesday: City of Pasadena v. [read post]
23 Oct 2015, 1:02 pm
ChinaCast’s stock offerings in the United States in 2008 and 2009 generated $48 million in net proceeds. . . . [read post]
19 Mar 2008, 1:30 pm
" In re Comcoach Corp., 698 F.2d 571, 573 (2nd Cir. 1983). [read post]
18 Oct 2015, 3:59 pm
Army Judge Advocate General’s (JAG) Corps. [read post]
1 Aug 2017, 5:59 am
Int'l Multifoods Corp., 668 F.2d 1234, 212 USPQ 641, 642 (CCPA 1982). [read post]
16 Dec 2011, 6:13 pm
Corp. v. [read post]
6 Apr 2009, 9:10 pm
”); the Generic Theater in Norfolk, Virginia; the Generic Manufacturing Corp. [read post]
2 Mar 2011, 2:11 am
International Multifoods Corp., 212 USPQ 641 (CCPA 1982), to show that food items are related to catering services. [read post]
10 Apr 2015, 2:00 am
BNSF Railway Corp., at *7. [read post]
19 May 2020, 3:27 am
As to its genericness claim, NfoSnap bore the ultimate burden to prove genericness by a preponderance of the evidence.One asserting genericness must "identify the genus of goods or services at issue and demonstrate that the relevant public understands the designation primarily to refer to that genus of goods or services. [read post]
