Search for: "Matter of Mark T."
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28 Jun 2009, 6:29 am
So no, I mean, there are situations where the court obviously has to resolve, as a legal matter, issues that are of great political significance. [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]
28 Oct 2013, 8:16 am
Unfortunate, because this permission is frequently abused, especially by less experienced trademark counsel, or perhaps when the strength of a case doesn’t seem like enough without injecting an unhealthy dose of emotion into the 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]
15 Mar 2016, 8:55 am
(1) Were the claims within the subject matter of copyright? [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]
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]
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]
19 Feb 2016, 2:50 pm
The appearance of the drug doesn’t matter. [read post]
9 Sep 2013, 5:01 am
” Pleading facts indicating that a mark is well-known doesn’t suffice. [read post]
26 Jun 2013, 2:59 am
No matter your age, you want to feel healthy, energetic, and live an active life. [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]
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]
22 Jun 2014, 5:34 am
As such the marks were cancelled; however this is not the end of the matter entirely.Even after the mark has been cancelled the organization retains the rights in the marks during any appeal processes; something which Bob Raskopf, the trademark lawyer for the Redskins, has indicated they will do. [read post]
5 Jul 2012, 9:00 am
It marks the middle of the year. [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]
16 Jan 2014, 3:30 am
Mark Tushnet Every once in a while you read an article that makes you smack your head and say, “Duh—this is so obvious (and obviously right)—that I can’t understand why I didn’t see it before. [read post]
22 Jun 2017, 4:16 am
And as a matter of law the PTO can’t register two marks that are likely to be confused. [read post]
