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24 Nov 2014, 3:33 am
The Board pointed out, however, that registrant's prior assertion is not an admission, although it may be considered as "illuminative of shade and tone in the total picture. [read post]
22 Jul 2015, 2:49 am
" Comments made during prosecution, the CAFC has ruled, are "illuminative of shade and tone in the total picture confronting the decision maker. [read post]
23 Feb 2011, 6:00 am by INFORRM
In last week’s judgment in the case of Bou Malhab v Diffusion Métromedia CMR Inc (2011 SCC 9)  the Supreme Court of Canada refused to permit a “class action” for libel by Arabic and Creole speaking Montreal taxi drivers who had been subjected to racist and abusive coments by Andre Arthur, a “shock jock” (turned MP)(pictured right) in the course of a radio broadcast. [read post]
11 Nov 2019, 9:18 am by Rebecca Tushnet
., Inc., 2019 WL 5790136, No. 3:19-cv-854 - MMA (KSC) (S.D. [read post]
6 Apr 2021, 3:28 am
” In re SnoWizard, Inc., 129 USPQ2d at 1005 (TTAB 2018) (quoting Converse, Inc. v. [read post]
20 Jul 2015, 12:38 pm by Lawrence B. Ebert
Cir. 2010) (not mentioning estoppel); see also 6 McCarthy on Trademarks and Unfair Competition §32:111 (4th ed. 2015), we have recognized that such comments have significance as “facts ‘illuminative of shade and tone in the total picture con-fronting the decision maker, ’ ” GS Enters. , 2014 WL 2997639, at *7(quoting Interstate Brands Corp. v. [read post]
24 Mar 2008, 5:00 am
The Board, however, disagreed with Respondent:Statements made by an applicant in the context of prosecution may be viewed as 'illuminative of shade and tone in the total picture confronting the decision maker.' Interstate Brands Corp. v. [read post]
19 Oct 2019, 9:37 am by Nikki Siesel
The CAFC has determined that statements made during a trademark prosecution are significant as “facts illuminative of shade and tone in the total picture confronting the decision maker” Id. [read post]
19 Feb 2009, 5:45 pm
The article describes the efforts by the company's legal team in aggressively going after competitors that try to imitate VitaminWater's bell-shaped water bottles with their two-toned labels (pictured above).Glacéau is currently seeking to register its VitaminWater bottle with the U.S. [read post]
20 Aug 2014, 11:27 am
The UCLA First Amendment Amicus Brief Clinic submitted a brief in an interesting New Jersey trial court case a few weeks ago (Petro-Lubricant Testing Laboratories, Inc. v. [read post]
2 Dec 2011, 3:05 am by John L. Welch
Although Top's prior statement is not conclusive, it is relevant and adds "shade and tone in the total picture confronting the decision maker. [read post]