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31 May 2023, 8:13 am by Fred Rocafort
In this situation, USPTO will consider, on a case-by-case basis, whether there has been a “material alteration” of the trademark. [read post]
3 Sep 2021, 9:16 am by Lydia Estep
A state trademark registration may only protect the owner in the registering state, which might suffice in certain cases. [read post]
14 Jun 2008, 10:44 pm
Kevlin and Jessica Litman, Trademark and Unfair Competition Law; Cases and Materials (4th ed. 2007). [read post]
Case date: 14 September 2021 Case number: No. 20-3369 Court: United States Court of Appeals, Second Circuit A full summary of this case has been published on Kluwer IP Law. [read post]
20 Aug 2011, 10:00 am by Bruno Tarabichi
Cases – Federal Courts and the Trademark Trial and Appeal Board issue decisions on trademark matters. [read post]
8 Jun 2021, 3:03 pm by Sean Hayes
And if the trademark is not registered, New York State provides protection to the owner of unregistered trademark and it allows the plaintiff to file a case for common law trademark infringement. [read post]
30 Apr 2018, 3:58 am by Matthew Dresden
With a circumstantial case, you never know what is going to turn the tide with the CTMO examiner, so it’s usually best to err on the side of excess. [read post]
12 Jun 2013, 11:33 am by Tom
While in some cases you may have to re-file the application anew, in other cases, you may be able to petition for the revival of the application. [read post]
20 Nov 2014, 12:14 pm
The particular factors considered in a likelihood-of-confusion determination, as well as the weighing of those factors, vary from case to case. [read post]
5 Mar 2017, 9:03 am by James Hastings
 In the trademark opposition case, Halo Trademarks Limited v. [read post]
5 Mar 2017, 9:03 am by James Hastings
 In the trademark opposition case, Halo Trademarks Limited v. [read post]
27 Nov 2006, 12:43 pm
In some cases, it is impossible to counsel clients about trademarks without also counseling about branding. [read post]
27 Oct 2021, 6:50 am by James Hastings
  In some cases, the Applicant may, if warranted, file a petition to cancel the Opposer’s U.S. trademark registrations that form the basis of the notice of opposition. [read post]
2 Aug 2021, 8:17 am by Linda O'Brien (CCH)
Thus, the judgment on the trademark infringement and false advertising claims were reversed and the case remanded (Select Comfort Corp. v. [read post]
30 Oct 2022, 3:02 pm by admin
What about a case where the trademark owner (here, Disney) mostly prevailed? [read post]
16 Dec 2021, 4:15 am by Megan Bannigan
The past year has seen the implementation of brand-new trademark legislation, significant analysis of trademark liability for new technologies, renewed focus on the doctrine of initial interest confusion, the transformation of Nikes into “Satan Shoes,” the functionality of chocolate dipped cookies, and the end to a long-running case involving two multi-million dollar jury awards for willful infringement. [read post]
16 Dec 2021, 4:15 am by Megan Bannigan
The past year has seen the implementation of brand-new trademark legislation, significant analysis of trademark liability for new technologies, renewed focus on the doctrine of initial interest confusion, the transformation of Nikes into “Satan Shoes,” the functionality of chocolate dipped cookies, and the end to a long-running case involving two multi-million dollar jury awards for willful infringement. [read post]
29 Apr 2018, 4:56 pm by James Hastings
  We’ll hear from our experts whether mediation is used in trademark disputes in their countries, and if so, in what types of cases. [read post]