7/18/2008 7:21:05 AM EST
Can the owner of a registered, geographically descriptive service mark prevent others from using the descriptive mark in connection with related, but not directly competit ... Create an account or login to post comments. | Comments (0)
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7/18/2008 7:24:09 AM EST
In Smith v. Wal-Mart , 2008 U.S. Dist. LEXIS 22776 (N.D. Ga. 2008), plaintiff, whose websites displayed designs and slogans that parodied Wal-Mart’s trademarks ... Create an account or login to post comments. | Comments (0)
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7/9/2008 2:49:45 PM EST
In certain jurisdictions and under narrowly-defined circumstances, a trademark can be enforced in the United States when it has never been used there. Under the "well-known marks d ... Create an account or login to post comments. | Comments (0)
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6/23/2008 1:23:53 PM EST
Historically, allegations of fraud on the United States Patent and Trademark Office (USPTO) were rarely successful, but Medinol v. Neuro Vasx, Inc. , 67 U.S.P.Q.2d 1205 (T.T.A.B. ... Create an account or login to post comments. | Comments (0)
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5/27/2008 10:30:27 AM EST
In traditional litigation, the court relies upon the parties to define the relevant issues and present all evidence that they deem relevant to the judge. However, in cyber ... Create an account or login to post comments. | Comments (0)
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6/2/2008 3:59:18 PM EST
Nylok sued Nasalok for trademark infringement, and when Nasalok defaulted, the district court enjoined it from infringing the mark. Thereafter, Nasalok petitioned the TTAB (Trademark Tr ... Create an account or login to post comments. | Comments (0)
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3/26/2008 4:20:24 PM EST Posted by Mary LaFranceProfessor of Law, William S. Boyd School of Law, University of Nevada Las Vegas
The Supreme Court's decision in eBay v. MercExchange changed the playing field for patentees seeking permanent injunctions against infringers, r ... Create an account or login to post comments. | Comments (0)
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5/14/2008 7:17:15 AM EST
The Internet Corporation for Assigned Names and Numbers (ICANN) is attempting to deal with the thorny issues of registrar compliance with a very limited arsenal of sanctions. One common ... Create an account or login to post comments. | Comments (0)
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4/3/2008 12:53:11 PM EST
Plaintiff Applied Information Sciences Corp. ("AIS") holds a federally registered trademark in the term "SmartSearch" for certain computer related functions. Defenda ... Create an account or login to post comments. | Comments (0)
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5/14/2008 5:57:14 PM EST
Do any of your clients use a foreign language trademark? If so, you need to understand the doctrine of foreign equivalents. The Trademark Trial and Appeal Board (TTAB) has published a n ... Create an account or login to post comments. | Comments (0)
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5/12/2008 1:31:58 PM EST
Things are not always as they seem in trademark law. A party can acquiesce to another's use of a similar trademark, yet be granted an injunction. And a party can make a misstatement in ... Create an account or login to post comments. | Comments (0)
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4/27/2008 5:58:40 PM EST
Why would a start up on-line magazine focused on women’s shoes choose as a trademark the famous nickname of a male "tough guy" film star? Having made such an odd choice, ... Create an account or login to post comments. | Comments (0)
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4/16/2008 4:51:00 PM EST
Two bands have shared a common name, the "Wailers," for many years. One band is famous, one is not. The un-famous band (Plaintiffs) has been using the name since 1959. The fam ... Create an account or login to post comments. | Comments (0)
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5/14/2008 8:50:17 PM EST
Sweeping changes in the domain name system are weakening the dominance of English-speakers over the Internet. Soon, domain names will be available in over a dozen local languages. Brand ... Create an account or login to post comments. | Comments (0)
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3/25/2008 11:45:45 AM EST
Imagine that a product distributor surreptitiously manufactures a product that directly competes with a product it has been distributing. Imagine that the "new" product looks ... Create an account or login to post comments. | Comments (0)
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