Search for: "Mark A. Ivener"
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13 Feb 2019, 4:01 am
" As to opposer's stand alone "M" mark, the Board placed in the middle of the spectrum between weak and very strong.The Marks: The Board found that the involved marks are not similar, "[g]iven the conditions under which or the degree of care consumers will naturally exercise in selecting goods and services in the field of health care, cancer protection, prevention, detection and treatment. [read post]
28 Jan 2011, 8:47 am
The venue analysis is of course a familiar one, and growing so even in false marking cases. [read post]
11 Jun 2010, 3:21 am
Basheer is quoted in the Unnikrishnan article as suggesting that "[g]iven the increasing complexity of these regimes, it may be desirable to have two heads in this regard. [read post]
23 Jul 2024, 2:56 am
"Opposer’s AIRBNB is entitled to a broad scope of protection against confusingly similar marks, therefore increasing the likelihood of confusion with Applicants' mark. [read post]
24 Jul 2024, 4:08 am
"[G]iven the goods are legally identical in part, the DuPont factors involving relatedness of the goods and their trade channels weigh heavily in favor of likely confusion. [read post]
9 Aug 2021, 3:57 am
"[G]iven the dissimilarities in appearance, sound, connotation and commercial impression, even ignoring the somewhat conceptually weak nature of the word TREK in connection with the various Class 18 and 25 goods and Class 41 services to the extent it suggests they are for trekking or simply evokes the idea of trekking, we find the marks are not confusingly similar when used on the goods or services for which Opposer has established priority.Applicant Isaacs pointed to… [read post]
20 Aug 2014, 2:49 am
" [G]iven the relatively small size of the ampersand in relation to the letters "V" and "S," it is more likely that prospective consumers encountering Applicant’s stylized mark will overlook the ampersand, and perceive and pronounce the mark as the acronym "VS" as opposed to "V and S. [read post]
25 Mar 2013, 3:29 am
Chestek's article, "Who Owns the Mark? [read post]
4 Dec 2019, 3:46 am
As to the Section 2(d) claim, the Board found that "[g]iven the sheer volume of third-party registrations and examples of third-party use, consumers are conditioned to look for differences between INDUSTRY formative marks to determine the source of a given product and are therefore less likely to be confused. [read post]
5 May 2021, 3:35 am
The Board concluded that, "[g]iven the highly descriptive nature of Applicant’s proposed mark, this record does not support a finding of acquired distinctiveness. [read post]
11 Jun 2012, 3:12 am
[G]iven the different connotation and commercial impression engendered by the presence of the well-known mark RALPH LAUREN, when viewing the mark in its entirety, consumers will perceive RLX as Mr. [read post]
2 Mar 2021, 4:38 am
As to the illegality under federal law, Blue Water asserted that "“[g]iven the regulatory state of CBD and hemp under the 2018 Farm Bill, and the FDCA, this illegality will be resolved, and the Mark will be used with legal products. [read post]
19 Sep 2011, 2:57 am
" As to the genericness of the term PLATEFRAME, the Board noted that "[g]iven the posture of this case, the issue of the capability of this combined term has not yet been fully pursued under the two step test. [read post]
13 Jan 2014, 8:08 am
As a result, the USPTO concluded that “[g]iven that ‘Redskins’ in the [Redskins Hog Rind] mark is a derogatory slang term that refers to, and is considered offensive by, American Indians, registration of the applied-for mark must be refused…. [read post]
23 Jul 2018, 3:53 am
”Similarity of the Marks: Applicant’s mark incorporates Texas A&M's mark in its entirety. [read post]
3 Sep 2015, 8:19 am
“[G]iven the central role of realism to Gran Turismo 5 and Gran Turismo 6, the defendants’ use of the VIRAG® mark has at least some (i.e., more than zero) artistic relevance to the games. [read post]
12 Mar 2020, 3:57 am
As could have been expected, the Board found that “[g]iven the nearly identical sound, and the strong similarity in appearance, connotation and commercial impression of all the marks at issue, this DuPont factor weighs in favor of a finding of likely confusion. [read post]
17 Jun 2019, 9:17 am
“[G]iven the internal inconsistency, we find little that can be reasonably gleaned from the Office’s registration decisions. [read post]
1 Nov 2017, 5:00 am
Terry Duffy, CME Group Chairman and Chief Executive Officer, noted, "[g]iven increasing client interest in the evolving cryptocurrency markets, we have decided to introduce a bitcoin futures contract. [read post]
22 Apr 2013, 2:16 pm
In Flugga, Mark Flugga was found to be at fault for a 2010 motor vehicle accident in which he, his passenger, and two individuals in another vehicle were injured. [read post]
