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11 Feb 2013, 3:49 am by John L. Welch
What is the likely meaning of the matter in question, taking into account not only dictionary definitions, but also the relationship of the matter to the other elements in the mark, the nature of the goods or services, and the manner in which the mark is used in the marketplace in connection with the goods and services; and2. [read post]
21 Mar 2016, 8:56 am by Ron Coleman
Macy’s successfully defended the validity of the marks on a theory of “secondary source,”explained this way: It is a matter of common knowledge that T-shirts are “ornamented” with various insignia, including college insignias, or “ornamented” with various sayings such as “Swallow Your Leader”. [read post]
24 Jun 2019, 1:42 pm by Mark Walsh
She cites proposed marks such as “Marijuana Cola” and “You Can’t Spell Healthcare Without THC,” which were rejected by the U.S. [read post]
One is on confidence in the parties to handle national security matters generically. [read post]
12 Sep 2008, 9:59 pm
Both campaigns put out questionably framed matters and sometimes outright fabrications with a infinitesimailly small kernel of truth and the media report it as news. [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]
22 Oct 2015, 2:58 am
This doesn't matter: the function of the trade mark is to provide information for the consumer and thereby save time, by redressing the imbalance of information asymmetry. [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]
9 Mar 2013, 11:01 am by oliver randl
Case Law of the Boards of Appeal of the EPO, 6th edition, 2010, section III.A.2, and decisions T 1067/97, T 25/03, T 1408/04 cited therein. [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]
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]
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]
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]
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]
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]
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 Mar 2017, 9:00 am by Rebecca Tushnet
 Fame for dilution is either/or, while confusion is a matter of degree. [read post]