Search for: "In Re Adoption of TM"
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13 Apr 2018, 2:45 pm
Implicitly, Belmora etc. are courts saying “you’re not necessarily violating rights but going further means you’re not engaging in behavior w/any social value. [read post]
24 Jun 2022, 4:36 am
So even if we’re persuaded on TM use we have to think about the scope of that right. [read post]
13 Apr 2018, 8:58 am
These days there’s a lot more pressure in identifying subject matter; the things we’re especially bad at IDing the boundaries of, like trade dress & complex marks, wouldn’t have been in TM at all in the past.Belmora: once upon a time, it would have been entirely natural to think that even though Bayer lacks TM in Flanax, it had a right for a limited remedy for things like packaging and labeling. [read post]
7 Feb 2014, 5:25 pm
A: Ps win 24% of the time when there’s a dispositive winner.Q: re internet ads as affecting spike? [read post]
25 Apr 2011, 7:43 am
Is confusion what we’re testing for in those cases anyway? [read post]
23 Mar 2017, 10:31 am
A lot of times law pretends to talk about distinctiveness of but is really concerned with distinctivenss from.Jake Linford: What do we think we’re doing w/TM law? [read post]
10 Oct 2014, 2:20 pm
You’re supposed to examine the mark, not the commercial use of the mark. [read post]
23 Mar 2017, 3:02 pm
Two kinds implicated: secondary meaning surveys are among the worst in TM law. [read post]
18 Feb 2022, 11:01 am
Legit businesses have incentives to develop secondary meaning generally, regardless of what TM law says (except, she says, for businesses that want to copy and businesses that adopt descriptive marks to show up in people’s searches—a legit business strategy). [read post]
13 Apr 2012, 1:01 pm
Nobody every adopted a TM because it was ugly; TMs are inherently attractive. [read post]
20 Apr 2012, 2:50 pm
If we’re going to engage with boundaries, we should also engage with the instincts courts have about copying. [read post]
23 Apr 2011, 4:49 am
TM as marketing concept (TM as a kind of work of authorship). [read post]
11 Sep 2012, 8:52 am
Fair use carves out breathing room as an exception to the scope of TM. [read post]
19 Dec 2011, 6:16 pm
” SnoWizard’s expert Stacey Dogan “explains that businesses commonly use the TM symbol to put the public on notice that they have adopted a term as a trademark, with the hope that the mark will gain traction in the minds of the relevant public. [read post]
2 Oct 2015, 1:31 pm
Urban white Englishpeople using Burberry; African-Americans adopting Timberlakes. [read post]
24 Feb 2023, 1:27 pm
Lemley: don’t assume we’re moving in the right direction. [read post]
9 Aug 2024, 7:11 am
TM law may also be contextless b/c they’re about registration. [read post]
25 Jun 2022, 4:02 am
NZ has adopted broad concept of constructive abandonment, but may be moving away (most has been at the TM office). (2) Goodwill can in theory be abandoned. [read post]
19 Feb 2022, 11:14 am
In addition, not all circuits have adopted Rogers, though neither has any court of appeals rejected it. [read post]
25 Jul 2016, 2:53 am
The post 2(c) or Not to See Political TM Speech? [read post]
