Search for: "In Re TM"
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29 May 2014, 6:00 am
If you use a mark similar to a registered mark, for similar services, you're probably infringing. [read post]
3 Apr 2012, 12:35 pm
Nicely sets out the big questions about where we're going in TM and whether we want to do so. [read post]
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]
9 Jun 2016, 2:01 pm
When we think about shape marks/trade dress, they’re almost invariably limping TMs, with other things on the product we can use to ID source. [read post]
23 Apr 2012, 5:36 am
If you’re communicating “I’m a generic of drug X,” we might have more discomfort offloading that to false advertising but since we have the FDA behind this it’s not troubling. [read post]
24 Mar 2017, 10:05 am
Internet surveys were initial thought, but they aren’t so cheap either if they’re well done.Linford: Forfeiture mechanisms/abandonment mechanisms piece coming out. [read post]
22 May 2015, 11:45 am
Millions of False TM Notices to Remove? [read post]
9 Jun 2016, 7:38 am
Mark Lemley: Intermediate approaches in general may not be a bad idea, but worries that we’re not very good with “you’re in the door, but only a little bit, so you get very narrow rights. [read post]
12 Apr 2013, 9:14 am
Be stricter about TM use. [read post]
13 Apr 2018, 10:31 am
Problem: b/c we’re so used to emptying UC’s contents into TM, every P wants the benefits of TM—no proof of harm requirements, no constraints on remedies—without the constraints of having to demonstrate that it has a TM. [read post]
10 Jun 2016, 9:16 am
Same is true for word marks, but we’re more willing to assume that long exposure to word = treat it as a TM. [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]
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]
9 Jun 2016, 12:13 pm
What about TM? [read post]
13 Apr 2018, 1:05 pm
Already we’re starting to see the details wearing away. [read post]
10 Jun 2016, 7:35 am
Doctrinal error: they’re more guidelines to be balanced than elements to be satisfied. [read post]
13 Apr 2012, 2:34 pm
eBay grafts §512 onto TM. [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]
3 Aug 2023, 8:00 am
“We’re thrilled to welcome TM Cloud customers to Alt Legal and are confident that they will appreciate our enhanced software capabilities and user experience, amazing customer support, and the additional value we provide through the Alt Legal Community and free resources, CLE webinars, and more. [read post]
27 Sep 2013, 9:37 am
Discussant: Graeme Dinwoodie, Oxford University The cases at issue could be framed differently; this helps us assess whether we’re surprised by the results. [read post]
