Search for: "MARK FAILS" Results 41 - 60 of 24,025
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2 Feb 2021, 3:42 am
TTABlogger comment: I think saying that the mark is "incapable of functioning" as a mark is better than saying it "fails to function. [read post]
26 Apr 2019, 6:16 am by Wendy R. Stein
A Delaware district court recently held that a patentee failed to state a claim for past patent infringement damages where the patentee failed to plead compliance with the patent marking statute in its complaint. [read post]
21 Jul 2017, 1:32 am
In view of the PAR’s findings, the revocation application failed in relation to jewellery, for which there were invoices indicating sales under the “MYSTERY SET” mark. [read post]
2 Feb 2022, 1:15 pm by Eileen McDermott
The USPTO’s Trademark Trial and Appeal Board (TTAB) in October 2020 affirmed an examiner’s decision to refuse the stylized mark, as well as the standard character word mark for .SUCKS. [read post]
15 Oct 2019, 7:12 pm by Michael DelSignore
Larose to answer whether it was reasonable, and therefore valid, for a police officer to stop the defendant’s motor vehicle for failing to drive entirely within a marked traffic lane. [read post]
7 Aug 2014, 2:56 pm by Commentary:
Sharfstein’s failed inspections and lack of openness and transparency, including secret insurance exchange meetings held in violation of law. [read post]
20 Nov 2015, 9:43 pm
Mark Weisburd (Univ. of North Carolina, Chapel Hill - Law) has published Failings of the International Court of Justice (Oxford Univ. [read post]
26 Feb 2018, 4:39 am
Opposer RxD Media claimed prior use of the identical mark for "“providing temporary use of a web-based software application for mobile-access database management whereby users can store and access their personal information," but it failed to prove that its mark had acquired distinctiveness prior to applicant's constructive first use dates. [read post]
14 Dec 2006, 6:10 pm
" The subject mark was displayed on the last page of the brochure in the manner shown below:Portion of Specimen of UseThe issue was the acceptability of the brochure as evidence of service mark use. [read post]
21 Feb 2024, 4:00 am by Rebecca Tushnet
In reverse-confusion cases, a plaintiff “with a commercially weak mark is more likely to prevail than a plaintiff with a stronger mark, and this is particularly true when the plaintiff’s weaker mark is pitted against a defendant with a far stronger mark. [read post]
18 Oct 2012, 1:15 am by war
It therefore appears clear, failing intervention by the High Court, that the Champagne Heidsieck[2] principle is no longer applicable in Australian law. [read post]
6 Aug 2018, 3:23 am
Furthermore, since Oklahoma failed to prove its marks famous for Section 2(d) purposes, it perforce did not meet the higher fame standard for dilution, and so the Board also dismissed OU's dilution claim. [read post]
23 May 2011, 5:48 am by Rebecca Tushnet
Thus, the false marking qui tam claim was dismissed with prejudice. [read post]
4 May 2017, 6:34 am
In response, opposer contended that applicant failed to make out a prima facie case of abandonment and that, in any event, any period of opposer’s nonuse is excusable.The evidence provided by opposer 3rd Generation showed use of the mark in 2009 and continuing until 2012, when opposer lost its biggest customer. [read post]
26 Sep 2011, 10:32 am by Larry Munn
On appeal to the Court of Appeal, the Cyprus Ministry of Commerce and Industry argued that the relevant date for an opposition based on section 10 was other than the date of the Registrar’s decision and that the judge had failed to apply the proper burden of proof and assess the evidence. [read post]
16 Oct 2023, 3:35 am
Since it failed to prove fame for its Section 2(d) claim, opposr's dilution claims necessarily failed as well. [read post]
21 Aug 2008, 8:04 am
“An academic has won a case against a university that “meddled” in the marking of his students’ exams and gave new grades to papers he had failed. [read post]
5 Jan 2022, 1:16 pm by Associated Press
The post BSA bankruptcy plan misses mark in vote by abuse claimants  first appeared on Maryland Daily Record. [read post]
3 Dec 2010, 5:53 am by The Docket Navigator
Defendant's motion to dismiss plaintiff's qui tam false marking action for failing to plead intent to deceive with particularity was denied. [read post]
6 Oct 2016, 12:35 pm by Jonathan Tycko
The opinion issued yesterday addresses an issue that had not previously been addressed by any appellate court in the country, namely, whether a company that violates the country-of-origin marking requirement, and fails to pay marking duties, may be sued under the current version of the False Claims Act. [read post]