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Best of 2012: Fees, won’t you stay

Likelihood of Confusion

Originally posted 2012-12-21 06:00:01. Republished by Blog Post PromoterOriginally posted March 30, 2012. The Second Circuit, just yesterday (March 29, 2012) has issued an opinion called Louis Vuitton v. 08-4483-cv(L)) sure to bring joy to the hearts of trademark counterfeiting enforcers everywhere. Ly USA, Inc. (08-4483-cv(L))

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Protection of Color Trademarks under the Indian Trademark Law

Kashishipr

A public survey was submitted as verification of this assertion, and the equivalent was granted on 1 st October 2012 after a long-drawn-out legal battle with the Swiss multinational food and drink processing conglomerate, Nestle. Colgate Palmolive Company vs. Anchor Health & Beauty Care Pvt. For more visit: [link].

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Genus-Species in Trademark Law Usage

Patently-O

Dollar Financial holds registered trademarks for MONEY MART – the name it uses for its payday and title loan venders as well as pawn shops and pawn brokerages. The company had been using the name for several years in the payday loan business, and in 2012 expanded into pawn shops and then filed for registration for that usage in 2013.

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[Part II] Assessing DHC’s Finding on Piercing the Corporate Veil and Damages in the Amazon Case

SpicyIP

C Union of India (2012). Therefore, the Court’s approach amounts to an unsubstantiated piercing of the corporate veil while not taking into account relevant principles and case laws. Existing trademark laws sufficiently address online infringement without needing a new “e-infringement” category.

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Announcing the 3rd Shamnad Basheer Essay Competition on Intellectual Property Law

SpicyIP

A member of the California, Federal Circuit Bar, and US Supreme Court bars, Ghosh was elected to the American Law Institute in 2012 and is currently a member of the advisory board on the Restatement of Copyright. Ragavan’s scholarship emphasizes issues intersecting international trade law with intellectual property rights.

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Trademarks, Territoriality, and Migration

Patently-O

In 2012, the Meenaxi registered the two word marks with the USPTO (THUMS UP & LIMCA). A case like this begins with the territorial doctrine of trademark law: Under the territoriality doctrine, a trademark is recognized as having a separate existence in each sovereign territory in which it is registered or legally recognized as a mark.

Trademark 121
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Roll for Initiative! How Wizards of the Coast’s trademark dispute is helping to keep the nasties out of tabletop gaming

IPilogue

For its part, WOTC claims that it retains common law interest in these marks, on the basis that it has continued to use the marks since at least 2012. In its injunction motion, WOTC considers criteria based on the trademark application examination process under US law.

Trademark 101