Sentences with phrase «trademark cases not»

Author, Declaratory Judgments — Trademark cases not immune from MedImmune: The potential for increased trademark infringement litigation?

Not exact matches

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).

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.

Filing a trademark violation case for using the world «Fortune» which they knew was owned by Time Magazine, and not them, was just a way to take advantage of the system by someone with more money that the poor defendant had.

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.

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.

However, the judge contended that a reputation is not enough and reminded PlentyofFish that this was case regarding the trademark of a dating site not advertising services.

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.

Tarnow also noted that Chrysler does not have a trademark on «Imported from Detroit» and rejected the automaker's argument that trademark law is not applicable to the case.

Though not all Rhodesian Ridgebacks have the trademark ridge, it an unusual case for an animal not to possess one.

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.

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.

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!

More often than not, the consequences of not carrying out a full trademark validation process can be more serious than those outlined in the case above.

Like trademarks, copyrights may be registered — in this case, with the US Copyright Office — but works are protected by copyright even if they are not registered.

In case the trademark isn't approved because it is already in use by some other company, I could just change it to Hoogas Woogas or something like that.

Delivering his opinion in the joined cases of C - 236 / 08, C - 237 / 08 and C - 238/08, Advocate General Poiares Maduro said Google did not infringe anyone's trademark rights by selling keywords corresponding to those trademarks.

However, the good news for Louboutin was overshadowed in the present case, by the court's conclusion that the monochromatic Yves Saint Laurent shoe did not infringe the Louboutin trademark: the upper colour of Louboutin's shoes always contrasted with the red soles, whereas Yves Saint Laurent marketed shoes which were entirely red.

For trademark, the most significant court case is TrafFix Devices, Inc. v. Marketing Displays, Inc., which held that trademark can not restrict distribution of functional components.

On the other hand and on the same day, the GC issued its Judgment of 10 October 2012 in case Case T - 569 / 10 Bimbo v OHMI — Panrico (BIMBO DOUGHNUTS), where the challenger of OHIM's decision contended, among other grounds for appeal, that OHIM had not expressly addressed some of the arguments presented during the trademark review procedcase Case T - 569 / 10 Bimbo v OHMI — Panrico (BIMBO DOUGHNUTS), where the challenger of OHIM's decision contended, among other grounds for appeal, that OHIM had not expressly addressed some of the arguments presented during the trademark review procedCase T - 569 / 10 Bimbo v OHMI — Panrico (BIMBO DOUGHNUTS), where the challenger of OHIM's decision contended, among other grounds for appeal, that OHIM had not expressly addressed some of the arguments presented during the trademark review procedure.

As for the cases on non-use of rights, clients often use a trademark not by themselves but entrust this task to their partners, affiliated persons, which causes certain difficulties by proving use of the trademark, which also bothers the client.

Bob is a trial attorney with extensive experience in cases involving trade secrets, covenants not to compete, trademark infringement, software licenses, copyright infringement and patent infringement, as well as other commercial litigation matters.

That means that the cases involve questions of infringement on prints and patterns, not trademarked logos such as Gucci's interlocking Gs.

Courtney Culver Baker has experience throughout the State of Texas in both state and federal courts, as well as the Fifth Circuit, representing corporate, not - for - profit and individual clients both in pursuing and defending cases in areas including business and contract disputes, real estate, catastrophic personal injury, ad valorem taxation, securities disputes, insurance coverage, professional liability and trademark infringement.

Los Angeles, CA (Law Firm Newswire) April 1, 2014 — The Supreme Court recently ruled in favor of Nike, Inc., in a case concerning whether a covenant not to enforce a trademark can reliably moot a counterclaim of invalidity.

It does not happen every day that you can see a trademark case decided by the EU General Court with a Polish claimant (EUTM applicant), represented by his Polish attorney, with a Polish judge as the rapporteur and even with Polish national acting as the EUIPO's representative.

Therefore, some trademark holders aggressively pursue even borderline cases to ensure they don't endanger their trademark.

The scope of the statutory privilege would apply in cases where the trademark agent is seeking to advise on «any matter» in respect of «the protection of a trade - mark, geographical indication or mark referred to in paragraph 9 (1)(e), (i), (i. 1), (i. 3), (n) or (n. 1)».

(If you come from the assumption that ZFS trademark is invalid, what would be the case if it was not?)

You may not, without Company's express written permission, (a) link to any part of the Site through the use of frames, inline links or any other similar technology whereby the content will be displayed without leaving the linking web site, (b) use any trademark, logo or content as part of a link, and / or (c) create any link implying, intentionally or unintentionally, that an endorsement, sponsorship or affiliation with Company exists when that is not the case.

Should it the case that the Delegates who voted in St John's in October of 2010, regarding the Consent Agreement, were not made aware of this subject material point regarding Trademark Law and REALTOR, it would be more than sufficient to invalidate the vote that took place in St.John's Nfld., regarding whether or not to accept the Competition Consent Agreement!

Ross K and Harvey Exner: CREA's trademark is the capitalized word REALTOR, not the lower case word «realtor» that is used elsewhere in the world, especially throughout the USA.

Ruling that the trial court did not apply the proper test in analyzing the Website's fair use defense, the court sent the case back to the trial court to apply the above test to determine whether the Website's use of the Companies» trademarked terms constituted a fair use.