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2 Nov 2010, 9:21 pm by Ed Driscoll
(This later YouTube moment involving a Giannoulias campaign aide, coming hot on the heels of Bob Etheridge’s video meltdown, didn’t help matters.) [read post]
5 Dec 2011, 3:14 am by John L. Welch
Pet-Ag, Inc., Opposition No. 91170148 (November 22, 2011) [not precedential].Family of Marks: Abbott feebly argued that it owns a family of "-sure" marks (ENSURE, PEDIASURE, NEOSURE, and PROSURE), but that dog wouldn't hunt. [read post]
10 Apr 2012, 12:36 pm by Lawrence B. Ebert
Council, Inc., 435 U.S. 519, 555 (1978) (“[T]he role of a court in reviewing the sufficiency of an agency’s consideration of environmental factors is a limited one, limited both by the time at which the decision was made and by the statute mandating review. [read post]
24 Jun 2022, 4:36 am by Rebecca Tushnet
Introduction:   Mark McKenna: This is a conversation about what it means to be a TM and what it means to use matter in a way that violates a TM right. [read post]
6 Oct 2016, 6:42 am by Peter Groves
Not only can the word - whether correctly punctuated or not - never be distinctive enough to function as a trade mark: the applicant simply isn't using it as one. [read post]
26 Sep 2017, 8:30 am
Mark was unable to see his family for long periods, and even when they visited, he couldn’t hold his children. [read post]
20 Dec 2020, 9:56 am by Eleonora Rosati
As discussed elsewhere, trade mark law struggles with shapes almost to the point of only pretending to offer them protection.But who cares about trade marks, or designs for that matter, if your creation can readily achieve copyright protection. [read post]
13 Dec 2015, 1:04 pm
Inside counsel work extremely hard on matters that are vital to the success of their companies. [read post]
20 Feb 2018, 1:13 am by Jani Ihalainen
After discussing the Louboutin shoe sole case some time ago, one envisioned the matter going ahead to the CJEU without a hitch. [read post]
6 Mar 2015, 7:56 am by Rebecca Tushnet
, then shouldn’t a jury get to decide it and not the Sixth Circuit, given that court’s conclusion that the matter is not free from doubt? [read post]
5 Jul 2016, 11:44 am by Rebecca Tushnet
” RT here: Examining TSDR, I found that the shirt mark had initially been nonfinally rejected for failure to function as a mark, with the 2(f) statement of five years of continuous use deemed insufficient because the nature of the claimed matter—the color of a shirt worn by an employee—wasn’t such that consumers would ordinarily perceive it as a mark. [read post]
23 Apr 2015, 12:35 pm by Lawrence B. Ebert
Rolls-Royce : the court looked to Black's Law Dictionary to identify the plain and ordinary meaning of the term “disparage,” which it found to be: “[t]o dishonor (something or someone) by comparison” or “[t]o unjustly discredit or detract from the reputation of (another's property, product or business). [read post]
12 Jun 2023, 5:01 am by Eugene Volokh
For several months, I've generally congratulated prevailing lawyers in cases I write about, as a mark of acknowledgment of their professional success on behalf of their clients. [read post]
16 Apr 2012, 3:27 am
James Robertson of Marks & Clerk has written to the IPKat about an interesting copyright case in the US textbook publishing industry. [read post]
14 Nov 2017, 1:09 am by Jani Ihalainen
If the mark hasn't been used in five years within the EU, the trademark is revoked. [read post]