Search for: "Trademark Holder Identified in Exhibit 1" Results 1 - 20 of 29
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8 Apr 2015, 7:34 am by Rebecca Tushnet
  Under New Kids, we ask whether (1) the product was “readily identifiable” without use of the mark; (2) defendant used more of the mark than necessary; or (3) defendant falsely suggested he was sponsored or endorsed by the trademark holder. [read post]
9 Aug 2013, 7:13 am by Rebecca Tushnet
The nation that created the exception to trademark rights has the burden under TRIPS Article 17 to prove that (1) the exception is limited, and (2) the exception takes into account the legitimate interests of both the trademark holder and third parties. [read post]
25 Apr 2021, 9:00 pm by Shannon O'Hare
Trademark law differs from copyright law because trademark protection applies to the use of a mark in the course of business to identify the source or sponsorship of goods and/or services, while copyright protection applies to works of authorship fixed in any tangible medium of expression (as noted above), regardless of whether the uses of such works identify the source of goods/services. [read post]
8 Apr 2013, 8:37 am by Rebecca Tushnet
  And we get a new-to-me reformulation of the doctrine: “whether (1) the product is readily identifiable without use of the mark, (2) defendant used more of the mark than necessary, or (3) defendant falsely suggested he was sponsored or endorsed by the mark's holder. [read post]
10 Oct 2010, 9:27 am
Paragraph 4 deals with orders made against ISPs that identify customers who allegedly use their account for infringing "at least trademark and copyrights". [read post]
5 Oct 2007, 9:33 am
Decision: The refusal under Section 2(e)(1) of the Act is reversed.Amongst the collectors of aeronautical memorabilia, there is a sub-culture of sickness-bag aficionados, including the Vomitorium - Museum of barf-bags, the Air Sickness Bag museum, Bagland, Baghecht.de, and Rune's Barf Bag Collection which now exhibits 1186 different bags from 465 airlines in 131 countries. [read post]
9 Mar 2015, 6:03 am by Rebecca Tushnet
  Cairns held that Princess Diana’s image was only weakly associated with the plaintiffs claiming to control her publicity rights, “largely because Princess Diana’s image had not served a source-identifying (trademark) function during her life or after her death. [read post]
22 Jan 2007, 9:53 am
The ACPA prohibits “cybersquatting,” which occurs “when a person other than the trademark holder registers the domain name of a well known trademark and then attempts to profit by either ransoming the domain name or by using the domain name to direct business from the trademark holder to the domain name holder.” DaimlerChrysler v. [read post]
13 Jan 2012, 5:40 am by Chris Castle
: “Although the problems the Act attempts to address–online copyright and trademark infringement – are serious ones presenting new and difficult enforcement challenges, the approach taken in the Act has [1] grave constitutional infirmities, [2] potentially dangerous consequences for the stability and security of the Internet’s addressing system, and [3] will [sic] undermine United States foreign policy and strong support of free expression on the… [read post]
6 Jan 2014, 6:11 am by Rebecca Tushnet
  The court identified three character traits of Holmes and Watson as still protected:  (1) Dr. [read post]
6 Feb 2012, 9:29 am by Andres
A Party may presume those profits to be the amount of damages referred to in paragraph 1. [read post]
20 Dec 2022, 12:46 pm by Rebecca Tushnet
Plaintiffs allegedly used the 12 O’Clock Boyz trademarks since 2001 and registered the marks in 2016. [read post]
1 Feb 2023, 8:11 am by centerforartlaw
The scope of these rights under the Copyright Act of 1976 extends to works that exhibit a modicum of originality and are fixed in a tangible medium. [read post]