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13 Aug 2020, 7:53 am
” Strength: the court bungles conceptual strength (conflating suggestive and descriptive), but it doesn’t matter because (a) there’s not much evidence of marketplace strength and (b) it doesn’t matter anyway because this is a labeling case [the court doesn’t say (b) outright but it’s true]. [read post]
4 Nov 2013, 5:01 pm
The decision was based on the request filed on October 31.The Board of appeal found that the applicant’s right to be heard had been violated:Fundamental deficiencies[3] The appellant contests the decision of the ED essentially for both procedural and substantive matters. [read post]
27 Dec 2023, 7:00 am
ADMINISTRATIVE PROCEEDING WAS FILED SOME 8 DAYS LATEWhen MF requested a religious accommodation from the NYC Board of Education’s vaccination mandate, not only was she denied same on March 7, 2022, by the City of New York Reasonable Accommodation Appeals Panel, but her subsequent challenge, filed with the New York County Supreme Court pursuant to CPLR Article 78, was similarly rebuffed.On appeal, the Appellate Division, First Department, noted that MF’s Supreme Court proceeding was… [read post]
12 Dec 2017, 7:08 am
"In other words, are 'HALAU' and 'HULA' essential and integral subject matter missing from the drawing? [read post]
9 Sep 2013, 5:01 am
” Pleading facts indicating that a mark is well-known doesn’t suffice. [read post]
5 Jul 2012, 9:00 am
It marks the middle of the year. [read post]
5 Nov 2024, 12:00 pm
In this episode of Senior Matters, host Mark E. [read post]
31 Dec 2024, 9:05 am
In this episode of Senior Matters, host Mark Wight speaks with Tina Barnett, Tech Ed Program Manager for the Lifelong Education and Aging Resource Network (LEARN, Idaho). [read post]
19 Feb 2016, 2:50 pm
The appearance of the drug doesn’t matter. [read post]
21 Aug 2017, 2:56 am
Applicant called it "akin to packaging," but isn't it some "tertium quid" that is neither product shape nor packaging? [read post]
21 Apr 2015, 4:34 am
Binding precedent establishes that §2(a) doesn’t violate the First Amendment because it doesn’t ban use of a mark. [read post]
22 Dec 2021, 1:52 am
With Messi (see cases C-449/18P and C-474/18P MESSI) and Miley Cyrus (case T‑368/20 MILEY CYRUS), we learnt that reputation or renown of (personal) names is a factor which should be taken in consideration when comparing marks and which may ultimately exclude confusion with an earlier similar mark. [read post]
2 Dec 2013, 2:24 pm
It doesn’t matter if the later use is likely to cause confusion — the standard for trademark infringement. [read post]
15 Oct 2007, 11:15 am
The application raised a few eyebrows because on the face of it, the program that the mark related to appeared to be one that the City had funded and it wasn’t clear why the Mayor would be filing an application in his own name rather than in the name of the City. [read post]
30 Jul 2015, 2:31 am
But the specimen wouldn't match the drawing.I'm not convinced that applicant was trying to register more than one mark. [read post]
18 May 2016, 10:00 pm
This combination doesn't take place in nature, so each component is compared individually. [read post]
4 Sep 2007, 7:33 am
No matter. [read post]
1 May 2016, 4:32 am
But the story doesn’t end there. [read post]
28 Aug 2019, 8:52 am
And defendants didn’t show that the Power of When mark h [read post]
5 Aug 2011, 3:55 am
You won't be the only lawyer who works hard and cares about his clients, no matter what you do. [read post]
