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23 Jun 2010, 8:10 am
The court granted defendant's motion to dismiss plaintiff's qui tam false marking claim where plaintiff failed to sufficiently plead an intent to deceive under Rule 9(b). [read post]
18 Nov 2015, 3:15 am
The Board pointed out, however, that the registered mark BODIPEDIC is not legally the same as the design mark challenged here, and so the Morehouse defense failed once again. [read post]
15 Mar 2011, 11:55 am
Knox News reported that Mark Padgett also failed to pay gross receipts taxes in 2010 for his company eGovernment Solutions, which provides software for county governments to manage business licenses and other permits. [read post]
11 Feb 2009, 4:15 am
Miller's Pub, on South Wabash in Chicago, failed to overcome the PTO's Section 2(d) refusal to register the mark MILLER'S in stylized form (shown below, left) for bar and restaurant services. [read post]
10 Jul 2015, 2:14 am
Further, in terms of a potential claim under the Takings Clause, preventing the government from taking private property without just compensation, PFI's claim failed as a trade mark registration has been determined to not constitute private property and thus the claim fails as no property interest exists in the registration.As such PFI failed on their First and Fifth Amendment challenges, and the court moved onto assess more IP focused challenges by… [read post]
1 Oct 2019, 1:18 pm
But Southampton Football Club has managed to register SOUTHAMPTON as an EU trade mark... [read post]
15 Nov 2016, 10:00 pm
Allstate also alleges that the Opposers have failed to allege that the common characteristic of the mark is distinctive. [read post]
22 Jul 2011, 12:31 pm
Ranbaxy filed a motion to dismiss, arguing that the False Marking Statute violates the Take Care Clause of Article II by failing to afford the Executive Branch to comply with the constitutionally assigned duty "to take Care that the Laws be faithfully executed. [read post]
1 Mar 2018, 12:14 pm
When we made that change in the UK in 1994, it put trade mark law on a very different footing - and incidentally condemned small (and not small) businesses to paying lots of fees and lawyers' bills for trade marks that up until then they never really needed to register.Although there are many personal names of celebrities on the register, there are also examples of celebrities failing to secure registration. [read post]
26 Jan 2007, 4:40 am
This is one of the greatest failings of United States foreign policy. [read post]
31 Mar 2020, 1:22 pm
To trade mark professionals, Michael Gleissner is a man who needs no introduction. [read post]
3 Nov 2020, 4:13 am
” Section 1215.02(d) of the TMEP provides guidance as to the examination of applications for marks composed entirely of gTLDs for domain name registry operator and domain name registration (or “registrar”) services:A mark composed solely of a gTLD for domain-name registry operator or registrar services fails to function as a trademark because consumers are predisposed to view gTLDs as merely a portion of a web address rather than as an indicator of the… [read post]
16 Jul 2010, 7:14 am
As such, the undersigned does not recommend dismissing [plaintiff's] complaint on the basis that it fails to properly plead intent. [read post]
23 Oct 2009, 11:44 am
Mark Kleiman â€â [read post]
5 Aug 2011, 5:08 am
Defendants filed a motion for judgment as a matter of law asserting that the plaintiff had failed to introduce sufficient evidence to support a finding that it was entitled to recover pre-suit damages because it failed to comply with the marking requirements of Section 287. [read post]
31 Mar 2010, 4:25 pm
Fail to do this and you'll increase your legal costs. [read post]
21 Jul 2020, 4:55 am
The Board affirmed a refusal to register the phrase RIBBONS OF HOPE as a trademark for pasta, finding that the phrase fails to function as a mark. [read post]
20 Nov 2007, 4:15 am
The Board dismissed its opposition to registration of the mark MONSTER in the design form shown below, for "multi-purpose steam cleaners for domestic use," because Opposer failed to make properly of record any of its 50 registrations. [read post]
16 Mar 2012, 3:20 am
In any case, he failed to rebut the presumption of abandonment that arose as a result of his failure to use the mark for a three-year period after registration for the vast majority of his listed goods, and so the Board partially cancelled the registration. [read post]
9 Sep 2021, 3:39 am
Section 2(d): The Board dismissed this claim because Petitioner Green failed to show, by a preponderance of the evidence, that he used the OMNIBIOTICS mark prior to respondent’s first use of its OMNI BIOTIC mark in the United States in 2009, 2011, and 2014. [read post]
