Sentences with phrase «trademark claims as»

Not exact matches

A few years back UPS applied to register the color with the U.S. Patent and Trademark Office claiming that they were entitled to register the color insofar as consumers had come to recognize the color brown as uniquely identifying UPS's shipping services.

The next day that firm filed two lawsuits against Diageo, one in federal court, raising a suite of traditional trademark and unfair business practices claims, but the other in New York State Supreme Court, seeking a permanent injunction under a seldom - used statute available only to charitable organizations, known as Section 135 of the New York General Business Law.

The South China Morning Post reports that dozens of companies have collectively submitted at least 65 applications to the country's trademark office to claim the «Ivanka» trademark for products such as makeup, booze, wallpaper, nutritional supplements, and other items.

Disposition: Canadian Epicurean Foods refused to settle trademark infringement of our SMOKEY CHIPOTLE trademark as of August 15, 2005 asserting that no claim could be made under Canadian trademark law, however, after admitting in the same conversation that Epicurean Foods sold products to U.S. consumers via the internet and regularly exhibited at the annual International Fancy Food & Confection Show in New York City sampling their product line (in the USA) to procure sales.

Chinaglia claims that he is able to hear the snick of the ball sliding along the nylon weave netting of the goal, to see the trademark revolve as the ball goes over the white line.

I fully indemnify, defend and hold harmless Car Throttle (and any third parties authorised by Car Throttle using or exploiting the Content), their respective officers, employees, successors, licensees and permitted assigns from and against: (a) any costs, claim, demand, action, damages, loss and / or expense arising from actions brought by any third parties arising from any breach of any of the representations, warranties or agreements made by you; (b) any claims of or respecting slander, libel, defamation, invasion of privacy or right of publicity, false light, infringement of copyright or trademark, or violations of any other rights arising out of or relating to any use of the Content as authorised herein.

The Democratic mayoral frontrunner Bill de Blasio deployed his daughter — and her trademark rose headband — in a new ad that serves as an answer to the controversial spot released yesterday by his GOP opponent, Joe Lhota, which claims New York will be less safe if de Blasio is elected.

Speaking at the annual meeting of the American Association for the Advancement of Science (which publishes ScienceNOW), PTO acting deputy commissioner of patents and trademarks Lawrence Goffney said that the office «has decided to allow claims to ESTs based on their utility as probes.»

This past January, the U.S. Patent and Trademark Office (PTO) said it would review the patent claims in what's known as an interference proceeding.

I had written to the gentleman who has claimed this as his formula and his name, in hopes that he'd rescind on the trademark.

There's also Bradley Cooper, playing his now - trademark unctuous sleaze as a legendary arms dealer on a terrorist watch list, and the ridiculously charming Ana de Armas, staking a claim as the Next Big Thing despite a thankless role as the long - suffering wife who finds a bundle of money taped to the bottom of a sink.

news • Coming Soon first image Zac Efron as Ted Bundy in Extremely Wicked • TMZ Meryl Streep files for trademark claim on the use of her name.

McLaren claims it will be twice as efficient aerodynamically as the current 650S and will include a range of new aerodynamic tricks, including a full - width rear wing that turns into McLaren's now trademark air brake in less than half a second.

By posting or uploading any Content on the Website: (i) you understand that if your Work is in aliterary categoryincluded on the Book Country Website, and complies with these General Terms of Use, your Work may be made accessible to users of the Website and members will be able to review, comment on it and rate it; (ii) you represent and warrant that (A) the Content does not contain any libelous matter or matter otherwise contrary to law or violate any rights of privacy or other personal or property right whatsoever and (B) you own or control all rights in your Content, that such Content is original and does not, and will not, infringe the copyright, trademark or any other right of any person or entity, and that any «moral rights» in the Content have been waived; and (iii) you grant to us a non-exclusive, worldwide, royalty - free, irrevocable, perpetual, transferable right and license (A) to display the Content on the Website, and (B) with respect to Content other than your Work, to use, display, reproduce, distribute, modify, adapt, publish, translate, create derivative works from, perform, make, sell and export such Content, in whole and in part, on the Website or in any formats and through any media, as we see fit, and you shall have no claims against Book Country for such use or non-use.

Impermissible Uses.You understand that you may not: • modify, adapt or hack the Service or modify another website so as to falsely claim or imply that it is associated with the Service, AuthorMarketingClub.com, AMC, Author Marketing Club or any other AMC service; • reproduce, duplicate, copy, sell, resell or exploit any portion (including, without limitation, the contents of the AMC email or similar notification, the look and feel of the AMC website, and the contents of the web pages of the Service, use the Service or access the Service without the express written permission of Author Marketing Club; • verbally, physically, or otherwise abuse (including threats of abuse or retribution) any AMC member or AMC employee, agent or officer; • upload, post, host, or transmit unsolicited email, SMSs, or spam messages; • transmit worms or viruses or any code of a destructive nature; • as a Reader Member, utilize the information provided in a Query other than to provide a relevant response to a Specific Query posted by a Author Member; • violate any applicable federal, state or local laws or regulations; or, • plagiarize, violate or otherwise infringe upon the trademark, copyright, patent, trade secret, or any other rights of any person, firm or entity, expressly including but not limited to libel, slander or invasion of rights of privacy, publicity or «moral rights».

If you believe that any of the Contributed Material on the Sites infringes your copyright or trademark rights or your rights of publicity, please provide PetSmart Charities» agent, namely its General Counsel, the requested information as set forth in the Section entitled «Notice of Claims of Intellectual Property Violations» in the Terms of Use.

All material whether in the form of advertisements, articles, symbols, diagrams or illustrations, is accepted and published by the Chow Chow Club, Inc. and its staff with the express agreement that the person submitting the material will indemnify and hold the Club and its staff free and harmless from any claims for damages or any liability incurred as a result of publishing such material which is libel, copyright or trademark infringemen, or plagiarism and will reimburse the Club and its staff for any expenses incurred in the defense of any such claims, including reasonable attorney's fee and court costs.

[116] An initial response to Peabody's letter by the Electronic Frontiers Foundation argued that, as the «Coal is Killing Kids» website was clearly satirical and as it was non-commercial, rejected the claim that Peabody's trademark was protected by the First Amendments.

Facebook was not as amused as others by Lamebook, claiming in a strongly worded letter to Lamebook that «Lamebook's use of the LAMEBOOK mark infringes Facebook's well - established trademark rights in the FACEBOOK mark.

So the issue comes up — if you are a software vendor and you registered your trademark with software claimed as a good (but not as a service) then is your trademark registration subject to challenge?

We regularly handle trademark and unfair competition claims in federal circuit and district courts as well as before the International Trade Commission and the USPTO Trademark and Trial and Appetrademark and unfair competition claims in federal circuit and district courts as well as before the International Trade Commission and the USPTO Trademark and Trial and AppeTrademark and Trial and Appeal Board.

Defendant successfully defeated trademark claims in what should have been characterized as an «exceptional case» under Octane Fitness LLC v. Icon Health and Fitness, Inc., 134 S. Ct. 1749 (2014); therefore, Defendant was entitled to remand for reconsideration of awarding legal fees under the Lanham Act.

The point of the disclaimer is to restrict the claim to only the specific combination of words being asserted as a trademark.

Generic or descriptive terms generally can't be claimed as trademarks, and an attempt to own such a term might be grounds for...

Two weeks ago, Legal Blog Watch mentioned that a band formed in 1989 as Supernova had filed a federal court lawsuit alleging trademark infringement and other claims against the producers of the rock - reality show Rock Star: Supernova.

Canada's Federal Court addressed this issue in H - D U.S.A., LLC v. Berrada 2014 FC 207 where the Court faced a claim by the Harley Davidson group («HD») seeking declaratory relief as to their right in their SCREAMIN» EAGLE trademark.

In a recent decision, a three - judge panel of the U.S. Court of Appeals for the Federal Circuit ruled that the U.S. Patent and Trademark Office (USPTO) Patent Trial and Appeal Board (PTAB) acted properly in issuing a final decision as to some — but not all — claims challenged in...

The court thus concluded that «ReServe It,» «ReServe It 2.0,» «ReServe Gateway,» «ReServe University,» and «ReServe Cloud» are unenforceable as a matter of law and granted Reserve summary judgment on EFI's trademark infringement claims as to those marks.

Business Development: Brokering various business dealings that further the diversification of Indian economies Developing and accessing commercial financial programs and services for tribal governments, including tax - exempt offerings and federally - guaranteed housing loans Serving as issuer or underwriter's counsel in tribal bond issuances Ensuring tribal compliance with Bank Secrecy Act and other federal financial regulatory requirements Handling federal and state income, excise, B&O, property and other tax matters for tribes and tribal businesses Chartering tribal business enterprises under tribal, state and federal law Registering and protecting tribal trademarks and copyrights Negotiating franchise agreements for restaurants and retail stores on Indian reservations Custom - tailoring construction contracts for tribes and general contractors Helping secure federal SBA 8 (a) and other contracting preferences for Indian - owned businesses Facilitating contractual relations between tribes and tribal casinos, and gaming vendors Building tribal workers» compensation and self - insurance programs Government Relations: Handling state and federal regulatory matters in the areas of tribal gaming, environmental and cultural resources, workers» compensation, taxation, health care and education Negotiating tribal - state gaming compacts and fuel and cigarette compacts, and inter-local land use and law enforcement agreements Advocacy before the Washington State Gambling Commission, Washington Indian Gaming Association and National Indian Gaming Commission Preparing tribal codes and regulations, including tribal court, commercial, gaming, taxation, energy development, environmental and cultural resources protection, labor & employment, and workers» compensation laws Developing employee handbooks, manuals and personnel policies Advocacy in areas of treaty rights, gaming, jurisdiction, taxation, environmental and cultural resource protection Brokering fee - to - trust and related real estate and jurisdictional transactions Litigation & Appellate Services: Handling complex Indian law litigation, including commercial, labor & employment, tax, land use, treaty rights, natural and cultural resource matters Litigating tribal trust mismanagement claims against the United States, and evaluating tribal and individual property claims under the Indian Claims Limitation Act Defending tribes and tribal insureds from tort claims brought against them in tribal, state and federal courts, including defense tenders pursuant to the Federal Tort Claims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal rclaims against the United States, and evaluating tribal and individual property claims under the Indian Claims Limitation Act Defending tribes and tribal insureds from tort claims brought against them in tribal, state and federal courts, including defense tenders pursuant to the Federal Tort Claims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal rclaims under the Indian Claims Limitation Act Defending tribes and tribal insureds from tort claims brought against them in tribal, state and federal courts, including defense tenders pursuant to the Federal Tort Claims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal rClaims Limitation Act Defending tribes and tribal insureds from tort claims brought against them in tribal, state and federal courts, including defense tenders pursuant to the Federal Tort Claims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal rclaims brought against them in tribal, state and federal courts, including defense tenders pursuant to the Federal Tort Claims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal rClaims Act Assisting tribal insureds in insurance coverage negotiations, and litigation Representing individual tribal members in tribal and state civil and criminal proceedings, including BIA prosecutions and Indian probate proceedings Assisting tribal governments with tribal, state and federal court appeals, including the preparation of amicus curiae briefs Our Indian law & gaming attorneys collaborate to publish the quarterly «Indian Legal Advisor ``, designed to provide Indian Country valuable information about legal and political developments affecting tribal rights.

As lead counsel for a veterinary organization, secured trial victory against claims of trademark and copyright infringement.

J. Christopher Fox, II (Business Litigation)-- Fox is a partner whose practice encompasses a broad range of commercial disputes, including contractual issues arising in the financial services arena, matters relating to restrictive covenants and unfair competition claims, and litigation of patent and trademark infringement claims, as well as defense and prosecution of claims for misappropriation of trade secrets.

The credit card brand could theoretically go after them, however, as names of credit networks are trademarks, so claiming to accept a card but not doing so is trademark infringement.

The plaintiff in that case claimed that their product's spring mechanism was legally protected as a visually distinctive part of their product's trade dress, but the Supreme Court held that the spring mechanism was ineligible for trademark protection insofar as it was a functional component of the product.

He focuses on litigating (and helping clients avoid) claims of copyright and trademark infringement as well...

He focuses on litigating (and helping clients avoid) claims of copyright and trademark infringement as well as defamation on the Internet, and writes the popular Likelihood of Confusion blog on IP law.

Representation of two national wireless companies as local counsel in docket of litigation cases involving claims of trademark violations, breach of contract and unfair competition as a result of black market unlocking and reselling of prepaid wireless telephones.

He has represented manufacturers of skin care products, including sunless tanning lotions, sunscreens, and moisturizing lotions, in eliminating trademark infringement and copyright violations on the internet, as well as defending claims of false labeling, false advertising and unfair competition.

As part of the consideration to induce MC to undertake its obligations and perform its services with respect to your order, you and your applicable representatives each agree jointly and severally to indemnify and save harmless MC, and its affiliates, employees, owners and representatives, against all liability, loss, damage, and expense of any nature, including attorneys» fees and court costs, arising out of any actual or potential claims for libel, invasion of privacy, copyright or trademark infringement and / or any other actual or potential claims or suits that may arise out of MC's obligations and / or services with respect to your order.

Many commercial cases arise from NOS Code 190 (Other Contract), while others may be coded in PACER as copyright, trademark, patent, securities or antitrust disputes that contain contract or business tort claims.

We can protect your brand through vehicles such as trademark, copyright or licences to help manage your portfolio and enforce IP rights or defend against IP claims in court or at tribunal.

Our lawyers have extensive knowledge of the issues at the heart of the entertainment and media businesses and have tried and arbitrated many high stakes cases involving claims in diverse, but sometimes related, areas such as breach of contract, copyright, trademark, idea theft, misappropriation of trade secrets, patent, right of publicity, defamation, free speech, and unfair competition.

Your trademark application almost ends up looking like patent claims where you try to describe the mark as a range of embodiments and incorporate its dynamic nature.

While some companies, including Amazon.com, Inc., have already implemented sophisticated procedures for trademark take down procedures of allegedly infringing trademarked goods — such as the Amazon Brand Registry — e-commerce platforms are beginning to wade into the waters of construing design patents and are assessing design patent infringement claims.

The panel discussed and evaluated current practical considerations in asserting and defending cybersquatting claims, trademark considerations in light of Uniform Domain Name Dispute Resolution Policy («UDRP») decisions, litigation concerns under the Anti-Cybersquatting Consumer Protection Act («ACPA») 1999 amendment to the Lanham Act, and related enforcement and defense approaches, as well as counseling strategies for assisting clients that are operating and staking claims online., Moderator, Trademarks, Domain Names & Cybersquatting, NY State Bar Association, IP Section Trademark Committrademark considerations in light of Uniform Domain Name Dispute Resolution Policy («UDRP») decisions, litigation concerns under the Anti-Cybersquatting Consumer Protection Act («ACPA») 1999 amendment to the Lanham Act, and related enforcement and defense approaches, as well as counseling strategies for assisting clients that are operating and staking claims online., Moderator, Trademarks, Domain Names & Cybersquatting, NY State Bar Association, IP Section Trademark CommitTrademark Committee, 2016

By submitting an entry, you: (a) irrevocably grant the Sponsor, its agents, licensees, and assigns the unconditional and perpetual (non-exclusive) right and permission to copyright, reproduce, encode, store, copy, transmit, publish, post, broadcast, display, publicly perform, adapt, modify, create derivative works of, exhibit, and otherwise use your entry as - is or as - edited (with or without using your name) in any media throughout the world for any purpose, without limitation, and without additional review, compensation, or approval from you or any other party; (b) forever waive any rights of copyrights, trademark rights, privacy rights, and any other legal or moral rights that may preclude the Sponsor's use of your entry, or require any further permission for the Sponsor to use the entry; and (c) agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against the Sponsor on the grounds that any use of the entry, or any derivative works, infringes any of your rights as creator of the entry, including, without limitation, copyrights, trademark rights, and moral rights.

Sources claimed that due to some trademark issues, «Nutella» wasn't used as the name.

In short, Bitcoin Cash is not Bitcoin regardless of how much it might wish to be, just as Bank of America Cash would not be «the real Bank of America» if a lack of trademark rules had ever allowed BofCash to exist and claim to be BofA to those just learning about consumer banking.

The company's CES 2018 announcement confirmed numerous rumors about the gadget whose name has already been revealed as part of a previously uncovered trademark filing, with Lenovo claiming the offering will deliver what it deems is the «next generation» of VR experiences.

Tokyo - based developer Emonster kk sued Apple on Wednesday, Oct. 18, in a San Francisco federal court, claiming it holds the U.S. trademark for the term «animoji» and that Apple using the same name for its Animoji feature is a «textbook case» of trademark infringement, as Reuters reports.