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2 Aug 2017, 8:31 am by John Wright
Courts have recognized two different types of preemption: 1) express preemption and, 2) implied preemption. [read post]
29 Dec 2023, 3:26 am
"] January 23, 2024 - 1 PM: Sage Therapeutics, Inc. v. [read post]
2 Sep 2009, 10:45 pm
The TTAB affirmed a Section 2(e)(1) refusal to register the mark CHROMALOY, finding it merely descriptive of "surgical implants comprising artificial material. [read post]
24 May 2012, 3:09 am by John L. Welch
By my estimation, four out of five Section 2(e)(1) mere descriptiveness refusals are affirmed on appeal. [read post]
7 Mar 2008, 9:11 am
John Does et al California Central District Court Filed: February 28, 2008 Plaintiff: Bandmerch, LLC Defendant: John Does, Jane Does, XYZ Company Case Number: 2:2008cv01379 Realty World, Inc. v. [read post]
17 Sep 2021, 4:02 am
The TTAB recently ruled on the appeals from the three Section 2(e)(1) mere descriptiveness refusals summarized below. [read post]
30 Mar 2023, 6:41 am
The Board has affirmed the first 15 Section 2(e)(1) refusals that it reviewed this year. [read post]
20 Oct 2020, 3:28 am
The TTAB recently ruled on the appeals from three Section 2(e)(1) mere descriptiveness refusals summarized below. [read post]
30 Dec 2020, 4:07 am
The TTAB recently decided the appeals from three Section 2(e)(1) mere descriptiveness refusals summarized below. [read post]
31 Mar 2020, 4:33 pm by Bill Marler
Multistate E. coli O26 Outbreak, Jimmy John’s Restaurants Alfalfa Sprouts 2012 29 Sickened – A total of 29 individuals infected with the outbreak strain of E. coli O26 were reported from 11 states, including:  Alabama (1), Arkansas (1), Iowa (5), Kansas (2), Michigan (10), Missouri (3), Ohio (3), Pennsylvania (1), Washington (1), Wisconsin (1), and West Virginia (1). [read post]
17 Jan 2024, 5:04 am by Guest Author
The parties’ briefing in Loper Bright and Relentless[1] has utterly ignored statutory sections—and one section in particular—that are crucial for understanding both why the government should lose these cases and, more importantly, why the Chevron doctrine[2] cannot and should not survive in an era of textualism. [read post]
6 May 2013, 5:00 am by Adrienne Kendrick
Related posts:Court Green-lights Copyright Class Action against GoogleIn order to establish copyright infringement, a plaintiff must show: (1) ownership of a valid copyright, and (2) copying of constituent elements of the work that are original. [read post]
30 Jan 2008, 1:59 am
Trademark Trial and Appeal Board reversed refusals to register the marks SUGAR NO. 1 1 , SUGAR NO. 14, and COTTON NO. 2, finding the marks not merely descriptive of "financial services, namely, futures exchange and related commodity trading services. [read post]
2 Aug 2017, 8:31 am by John Wright
Implied preemption is a bit more nuanced and comes in two flavors: 1) field preemption or, 2) conflict preemption . [read post]
29 May 2009, 4:00 am
Each appeal involved a Section 2(e)(1) mere descriptiveness refusal, and each resulted in a TTAB affirmance. [read post]