Issues covered included the likelihood of getting a preliminary injunction
in trademark cases, the cost - benefit analysis of seeking injunctions, how these concerns affect litigation strategy, how to advise clients in such efforts, as well as developments to watch for going forward., Moderator, PRELIMINARY AND PERMANENT INJUNCTIONS
IN TRADEMARK CASES, New York State Bar Association, Intellectual Property Law Section Litigation And Trademark Committees
The report illuminates key metrics including filings, findings, remedies, and damages
in trademark cases from January 2009 through March 2016, enabling attorneys to create winning legal strategies, make smarter business decisions and close new business.
Preliminary And Permanent Injunctions
In Trademark Cases - New York State Bar Association, Intellectual Property Law Section Litigation And Trademark Committees
Menlo Park, CA, May 1, 2015 — Lex Machina announced today the release of the first comprehensive Trademark Litigation Report, analyzing key metrics including filings, findings, remedies, and damages
in trademark cases pending from 2009 through the first quarter of 2015.
Similarly, the list of top districts for design patent cases feature the Central District of California as the leader (as it is
in trademark cases) rather than the familiar Eastern District of Texas (which appears in 9th place and has had less than 3 % of design patent cases since 2012).
The court further found that since it's difficult to accurately measure economic damages
in trademark cases, an inadequate remedy at law could be presumed.
Acting on a motion for summary judgment filed by Hueston Hennigan, U.S. District Court Judge William H. Orrick held that although courts «sparingly grant summary judgment
in trademark cases because they are so fact - intensive,» the evidence here tilted so heavily in favor of the defendants as to make summary judgment appropriate.
Not exact matches
In the Redskins» case, the trademark, apart from being an old one, is worth hundreds of millions of dollars in ticket and merchandise sale
In the Redskins»
case, the
trademark, apart from being an old one, is worth hundreds of millions of dollars
in ticket and merchandise sale
in ticket and merchandise sales.
But a business that hasn't applied for copyrights or patents, registered its trade name and
trademark, or protected its trade secrets — and actively defended them — may have trouble making its
case in court.
In a federal
trademark infringement
case, for instance, a plaintiff seeking a quick injunction would encounter at the threshold the high hurdle of showing «irreparable harm» — a standard that won't be met if money damages will provide the plaintiff with adequate recompense for any damages incurred — and it might also have to post an expensive bond (a major hurdle for a nonprofit).
China's top court has ruled
in favor of French fashion house Christian Dior
in a perfume bottle
trademark case, and rapped the local
trademark office for rejecting an application by the firm.
Case in point: Rider McDowell of Knight - McDowell Labs,
in Carmel, Calif., wanted to
trademark the name of several products.
We spoke to Jeffrey Kobulnick, a partner at law firm Brutzkus Gubner who specialises
in copyright and
trademark infringement, about the «Stairway to Heaven»
case ahead of the trial.
They have an e-book you can download too that actually has business names that you can either use, (
in which
case make sure it's available
in your state and not
trademarked like «Sew Special» might be) or at least have a bunch of names that can help your creative juices get going.
Just
in case you read about this
in either Xinhua, Global Times or China Daily, please do not think that anything has actually happened
in the iPad
trademark dispute, or at least anything that can be verified.
Popular sports journalists like Peter King and Christine Brennan stopped using the name
in print and former players, NFL referees and even President Obama spoke out against the name while Native American activist Suzan Harjo led a
case that resulted
in the U.S. Patent Office removing the
trademark from the name, deeming it disparaging.
Oh, and
in case you were wondering, the
trademark «X» marking this bread didn't come about because it was invented by straight edge warriors.
Take «L.A.,» the name for Duke's
trademark quick hitter,
in which center Shelden Williams sets a ball screen for the point guard (
in this
case, Paulus) near the top of the key.
However, just when it was beginning to look like a
case of how many City would score, Bolton found the net again courtesy of a
trademark Kevin Davies header from Martin Petrov's free - kick
in the 62nd minute.
Trademarks that are located within or on the Website or a website otherwise owned or operated
in conjunction with Orlando Stroller Rentals, LLC shall not be deemed to be
in the public domain but rather the exclusive property of Orlando Stroller Rentals, LLC, unless such website is under license from the
Trademark owner thereof
in which
case such license is for the exclusive benefit and use of Orlando Stroller Rentals, LLC, unless otherwise stated.
The company says it doesn't have close enough ties with Free People to be implicated
in the
trademark infringement
case.
«Coco» starts with another Pixar
trademark: the cleverly animated prologue,
in this
case told through brightly - hued Mexican doilies hanging from clotheslines.
Upon being added to the Challenge Mode roster after completing said
case involving Peach, she has a unique talent to aid
in exploration around stadiums using her well - known heart
trademark, resembling her overall personality.
Its matter - of - fact approach to depicting sex is an especially recognisable
trademark that was,
in this
case, explored to its extreme.
Whatever the
case, a new trailer for «Blackhat» has hit and it features the
trademark moody and pulsating energy that has made Mann such a distinct voice
in the field of crime films and its various psychologies.
It combines her
trademark static set - ups and tracking shots -
in this
case of New York streets - with Akerman's monotonous voice - over reading letters from her mother
in Belgium.
And Oscilliscope packages it
in their
trademark four - panel paperboard
case with a brief essay by film historian Foster Hirsch.
But the cost
in this
case is the loss of any residual scrap of interest you might have
in the film's action scenes — which are oddly thin - on - the - ground, and generally short on the
trademark Vaughn vim — given death is now reversible with a squeeze of supercharged Bonjela.
Despite fairly recognizable
trademarks — STEM focus, Turkish administration, and even identical uniforms
in some
cases — schools tend to deny their association with Gülen as avidly as he denies his association with them.
It also succeeds at that
trademark crossover miracle, where the tall version looks bigger, more substantial, and far more expensive than the car it's based on (
in this
case, the Nissan Versa).
Mazda registered
trademarks for both the RX - 7 and RX - 9 nameplates just
in case things move forward
in the near future, but we're not holding our breath.
No tuning package is complete without a set of aerodynamic appendages... like an aggressive front bumper,
in this
case with vertical uprights and finished
in clear carbon fiber (the Forged Composite is a registered
trademark so I guess that should be avoid) combined with a side sill and lower rear diffuser
in the same venerable lightweight material.
Due to the nomenclature rights derived from the
trademark, the word quattro is now always spelled with a lower
case «q»,
in honour of its former namesake.
However, buyers will have to opt for a trim EX-or-above to get many of the new features Honda is introducing, such as the
trademarked Magic Slide second - row seats, Apple CarPlay and Android Auto integration, Honda's full suite of active safety features and sensors they dub Honda Sensing, and the CabinControl app — a feature that hands audio control to second and third row passengers via their smartphones, just
in case you forgot what «Let It Go» sounds like.
In that case the same hue is applied to the Q2's trademark C - pillar «blade», which is otherwise Titanium matt grey ($ 350 for the base design variant) or can be had in Ice silver metallic ($ 350 for sport models) or body colour (no cost
In that
case the same hue is applied to the Q2's
trademark C - pillar «blade», which is otherwise Titanium matt grey ($ 350 for the base design variant) or can be had
in Ice silver metallic ($ 350 for sport models) or body colour (no cost
in Ice silver metallic ($ 350 for sport models) or body colour (no cost).
This right includes, without limitation, the right to: (a) reproduce, index and store Digital Books on one or more computer facilities, and reformat, convert and encode Digital Books; (b) display, market, transmit, distribute, sell and otherwise digitally make available all or any portion of Printed Books & Digital Books through A&A Properties, for customers and prospective customers to download, access, copy and paste, print, annotate and / or view online and offline, including on portable devices; (c) permit customers to «store» Digital Books that they have purchased from us on servers («Virtual Storage») and to access and re-download such Digital Books from Virtual Storage from time to time both during and after the term of this Agreement; (d) display and distribute (i) your
trademarks and logos
in the form you provide them to us or within Printed Books & Digital Books (with such modifications as are necessary to optimize their viewing), and (ii) portions of Printed Books & Digital Books,
in each
case solely for the purposes of marketing, soliciting and selling Printed Books & Digital Books and related A&A Printing offerings; (e) use, reproduce, adapt, modify, and distribute, as we determine appropriate,
in our sole discretion, any metadata that you provide
in connection with Digital Books; and (f) transmit, reproduce and otherwise use (or cause the reformatting, transmission, reproduction, and / or other use of) Digital Books as mere technological incidents to and for the limited purpose of technically enabling the foregoing (e.g., caching to enable display).
However, unlike the first instance,
in this
case, the
trademark owner appears to be aware that issues might arise and is proactively trying to limit the reach of the
trademark to just the brand.
We have all seen the keyboard cover - style
cases, and frankly there are plenty of good options available (heck, Microsoft has even turned their Surface Pro 3 Touch cover into a near -
trademark)-- but what about those of us interested
in a little less keyboard commitment?
In it, they describe five factors that are always considered in a trademark infringement case, the first two being the most importan
In it, they describe five factors that are always considered
in a trademark infringement case, the first two being the most importan
in a
trademark infringement
case, the first two being the most important.
In other words, he loves cracking the toughest
cases with his
trademark compassion and care.
In some
cases, the
trademarking and breeding is purely for financial gain.
As a result, the
trademark will become weaker, and
in some
cases it may lose its distinctiveness entirely...
In case the title and picture didn't give it away the name
trademarked was Gears of War: Exile — possibly the same game that was supposed to be announced at the Spike TV Game Awards before being pulled out at the last minute.
Case in point: ZeniMax Media, owner of Bethesda Softworks, recently filed
trademarks for some Fallout: New Vegas material.
This
in isolation isn't anything out of the ordinary — companies are always setting up new accounts on social media and registering
trademarks, just
in case — but then I stumbled across the name SEGA Forever again.
Upon being added to the Challenge Mode roster after completing said
case involving Peach, she has a unique talent to aid
in exploration around stadiums using her well - known heart
trademark, resembling her overall personality.
Correlation does not imply causation, and such
trademark had been registered before
in 2009, so it might just a
trademark registered «just
in case», but... let the speculation begin!
No new game or series, just a
trademark in case Nintendo ever considers making one.
Manufacturers, cars, names, brands and associated imagery featured
in this game
in some
cases include
trademarks and / or copyrighted materials of their respective owners.
The Spin Attack is a cinematic, which opens up with a John Woo
trademark of white doves fluttering up
in front of Tequila and shows a fiery blaze of bullet
casings flying from their chambers as Tequila takes out all of the enemies
in the room.