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28 Jan 2008, 9:24 am
Eugene Rembor, Senior Partner of Rembor & Partners Ltd. in the U.K.: If marks would matter in life, a great many man and myself would be on benefits… Forget about marks, forget about them, what counts are your real life skills, not school wisdom. [read post]
6 Jun 2015, 11:13 am by Lawrence B. Ebert
In a post titled West Boca principal faces debate over second speech, the Sun-Sentinel suggested that Principal Mark Stenner may have copied material that was used in his 2014 graduation speech, a separate matter from the copying in his 2015 speech.There is an issue here, although copying in speeches may draw less scrutiny than copying in academic papers and theses. [read post]
6 Jan 2019, 8:04 pm by Steve Baird
The post Supreme Court to Decide if Marks With Scandalous Matter May Be Registered appeared first on DuetsBlog. [read post]
7 Feb 2014, 2:26 am
These questions arose in connection with this Kat’s perusal of the recent decision of the EU General Court (Seventh Chamber) given on October 2, 2013, in The Cartoon Network, Inc. v OHIM and another (Case T-285/12),here, which inter alia addressed the issue of coexistence.As a matter of practice, and depending upon the jurisdiction, the thinking behind an inquiry into coexistence is that, if the two marks coexist in various jurisdictions, it should be an indication… [read post]
9 Dec 2013, 7:38 am by Rebecca Tushnet
  Kirby Morgan’s problem is that it doesn’t have a federally famous, household name mark. [read post]
14 Jan 2008, 12:34 pm
Back in November, we brought you a podcast of Clinical Professor of Law Mark Heyrman giving a Chicago's Best Ideas talk entitled "Why the Legal Standard for Involuntary Commitment to Mental Hospitals Doesn't Matter (Much). [read post]
7 Sep 2017, 1:42 pm by Peter Groves
And that isn't a sound basis for a just trade marks system. [read post]
16 Dec 2016, 11:26 am
Today's DJ Friday Podcasts program, titled SCOTUS FOCUS, features Sidley Austin (L.A. office) appellate lawyer Mark Haddad (former clerk for Justice William Brennan) on "unique strategies and novel approaches an appellate counselor does well to ply when trying matters before the country's high court. [read post]
11 Dec 2022, 9:56 am by Nedim Malovic
At the date of the contested decision, the public of the United Kingdom was no longer part of the relevant public of the European Union.Finally, while it is true that the date to be taken into account for assessing the acquired distinctiveness of the earlier mark is the filing date of the contested trade mark application (Decathlon v EUIPO (T‑349/19) EU:T:2020:488), the fact remains that the requirement of permanence or persistence of the prior right at the date… [read post]
7 Oct 2016, 5:51 am
If a mark is generic, you can’t register it, no matter how much you use it. [read post]
26 Jan 2012, 9:22 am by Benjamin Wittes
I don’t normally agree on detention policy matters with Seton Hall’s Mark Denbeaux–and there’s certainly some rhetoric in this piece in Jurist that I would never use and conclusiosn I do not reach. [read post]
25 Apr 2011, 10:55 am by Jonathan
  The mark can’t be confusingly similar to the mark of a competitor. [read post]
22 Oct 2018, 11:00 pm
The fact that the consumer cannot see the disclaimer doesn’t matter as all the disclaimer does is to help the registry to determine what can be added to the register. [read post]
5 Mar 2020, 11:02 am by Peter Groves
I have shown one of the claimant's registered trade marks and one of the defendant's signs, but you can see them all in the judgment if you click on the link, should you feel it necessary.There was not a high enough level of similarity to find a likelihood of confusion under Article 9(2)(b), but that didn't matter much because the Deputy Judge held that there was unfair advantage, so Red Bull succeeded. [read post]
27 Oct 2011, 3:11 pm by war
Adidas is suing Pacific Brands, alleging that the latter’s use of 3 stripes on footwear infringes Adidas’ registered trade marks for the “3 Stripes” (the judgment doesn’t identify which trade marks or the Pacific Brands’ product(s) in question). [read post]
20 Jan 2019, 11:42 pm by Steve Baird
Given the USPTO’s growing love for the “merely informational matter” category of incapable subject matter — essentially contending the subject matter fails to function as a trademark or service mark — I fully expected to find that refusal in the file history of the application, prior to abandonment of the application, but no. [read post]
15 Sep 2011, 8:35 am by admin
Our Austin business law firm regularly consults clients in trademark registration, service mark registration, and other intellectual property matters. [read post]
25 Aug 2013, 2:12 am
’” The Lanham Act, which codifies US trade mark law, sets forth the various reasons why a mark will not be accepted for trade mark protection, including a mark which "consists of or comprises immoral, deceptive, or scandalous matter." [read post]
10 Jul 2015, 2:14 am
Both parties in the matter, per the decision of the TTAB earlier, agreed on two specific questions that needed to be answered in determining whether a mark contains matter that may disparage Native Americans:1. [read post]