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7 Jul 2012, 10:39 am by Rick Hasen
(I don’t doubt that people have a large capacity to keep separate mental accounts.)” –Mark Tushnet, Balkinization [read post]
24 Jun 2019, 4:52 pm by Mark Nieds
Reviewing the FUCT application, the USPTO applied its general test of for those marks that might be considered as comprised of immoral or scandalous matter. [read post]
27 Mar 2012, 2:59 am
The IPKat was most impressed with the manner in which the judge handled the whole matter. [read post]
13 Sep 2021, 9:46 am by Nedim Malovic
Failure to satisfy one of those conditions, which are cumulative, is sufficient to render that provision inapplicable.In light of all the above, the General Court dismissed the action in its entirety.CommentWhen figurative marks with possible word elements and word marks are compared, visually what matters is whether the signs share a significant number of letters in the same position and whether the word element in the figurative sign is highly stylised. [read post]
8 Jul 2016, 4:13 pm by Rebecca Tushnet
  The 2000 trial sounds an awful lot like a final judgment that the mark wasn’t valid. [read post]
3 Jul 2013, 7:01 am by Rebecca Tushnet
  It failed to distinguish the energy shots from the pills, and its arguments on mark strength and similarity of marks didn’t take the case out of the realm of close calls that could go either way. [read post]
19 Jul 2011, 8:47 am by William McGrath
On Monday, July 18, 2011, a Federal Judge in Texas, Sidney Fitzwater, granted a Motion to Strike by the SEC in its case against Mark Cuban, the owner of the Dallas Mavericks, eliminating his affirmative defense of "unclean hands" in the Commission's case against him. [read post]
24 Mar 2017, 9:00 am by Rebecca Tushnet
 Fame for dilution is either/or, while confusion is a matter of degree. [read post]
28 Jun 2016, 7:02 am
Remember that your registration only has to coverthe class heading, it doesn’t have to have the exact wording. 2. [read post]
8 Aug 2019, 9:26 am by Rebecca Tushnet
”  [I have to admit, I don't get why the difference should matter to the descriptive fair use analysis. [read post]
30 Aug 2023, 6:16 am by Dennis Aftergut
(Meadows has denied that he was involved in one of the alleged overt acts and that another misstates the Georgia official to whom he sent a message.)The removal issue matters greatly to both sides. [read post]
11 Feb 2019, 2:03 pm by Rebecca Tushnet
D argued he hadn’t used it as a mark, but the position of the logo on the website is where the consumer would expect it to be. [read post]
8 Feb 2018, 11:12 pm
Trade mark matters involving Polo/Lauren seem to crop up in many jurisdictions, with varying results. [read post]
16 Sep 2011, 5:43 am by Daniel E. Cummins
Former Luzerne County Judge Mark Ciavarella has been transferred and settled into a medium security federal prison in Illinois. [read post]
16 Nov 2010, 5:51 pm by Patrick S. O'Donnell
I am reading once more Jeremy Waldron’s wonderful book, Law and Disagreement (1999), the complementary volume to his equally worthy Seeley Lectures, published as The Dignity of Legislation (1999) (for the record, I don’t share Waldron’s thoughts—or those of Larry Kramer or Mark Tushnet for that matter—on judicial review), which is relevant to several things I’m working on, but especially toward completing a couple of reviews of recent… [read post]
15 Jan 2016, 5:22 am
And so the Board reversed the refusal to register.Read comments and post your comment here.TTABlog comment: I wouldn't call this opinion a jewel of clarity. [read post]