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4 Nov 2020, 8:51 am by Jonathan Bailey
The producers also addressed trademark claims, saying that the estate can not use trademark law to protect what copyright law can’t. [read post]
4 Nov 2020, 5:42 am by Neil Wilkof
The best-known cases in this regard are the FAMOBIL case in Spain (the Provincial Court of Alicante decision No. 6 of January 10, 2014), in Italy, the LAMBRETTA case (the Italian Supreme Court decision No. 7970 of March 28, 2017) and, in the EU, the SIMCA case(General Court decision May 8, 2014, Case T 327/12). [read post]
3 Nov 2020, 10:54 am by Melissa E. Scott
The TTAB began its analysis by noting that “[n]ot every word, name, phrase, symbol or design, or combination thereof which appears on a product functions as a trademark” and “[m]ere intent that a phrase function as a trademark is not enough in and of itself to make it a trademark. [read post]
3 Nov 2020, 7:19 am by Rebecca Tushnet
And one reason we know this is that there is no trademark counterclaim, despite trademark claims being much easier to win than false advertising claims. [read post]
3 Nov 2020, 4:13 am
What is the reason for trying to register a gTLD as a trademark? [read post]
3 Nov 2020, 3:15 am
By the end of FY 2020, there were 136 cases awaiting decision, 30% of which were inter partes cases. [read post]
2 Nov 2020, 11:25 am by Barbara Moreno
Davis, Jr., ed., A Legal Strategist’s Guide to Trademark Trial and Appeal Board Practice (2020). [read post]
2 Nov 2020, 11:19 am by Jason Rantanen
Rai, The GSK Case: An Administrative Perspective, 2007 Patently-O Patent L.J. 36 Joshua D. [read post]
2 Nov 2020, 10:31 am by Benjamin Wittes
The latter is the extreme case laid out by Barton Gellman in the Atlantic and by Jeffrey Toobin in the New Yorker, and it involves state legislators swooping in to jettison the ballot-counting process entirely in key states and appointing their own slates of Trump electors. [read post]
1 Nov 2020, 6:00 pm by Juvan Bonni
Mark Sidel: Copyright, Trademark, and Patent Law in the People’s Republic of China (Source: SSRN) Prof. [read post]
30 Oct 2020, 11:15 am by IPWatchdog
This week in Other Barks & Bites: the Federal Circuit reverses a lower court’s erroneous application of the first-to-file rule in denying a motion to transfer venue in a patent case, and also finds standing for parties bringing a statutory cause of action for trademark cancellation proceedings; the USPTO issues trademark examiner guidance following the Supreme Court’s ruling in USPTO v. [read post]
30 Oct 2020, 11:15 am by IPWatchdog
This week in Other Barks & Bites: the Federal Circuit reverses a lower court’s erroneous application of the first-to-file rule in denying a motion to transfer venue in a patent case, and also finds standing for parties bringing a statutory cause of action for trademark cancellation proceedings; the USPTO issues trademark examiner guidance following the Supreme Court’s ruling in USPTO v. [read post]