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Why Distance Is Not Quite a Dead Issue in Trademark Litigation

IP Watchdog

Court of Appeals for the Fourth Circuit held that a service mark owner with all of its physical assets located along the Pacific coast could maintain a suit for service mark infringement against a company using a similar mark, on the same services, whose physical assets were all located along the Atlantic coast.

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Thinking of Registering a Service Mark That Primarily Benefits Your Company? Think Again

IP Intelligence

If you are contemplating registering a service mark that primarily benefits your company and not others, don’t bother; it will be refused registration. Section 1053 (which, generally, provides that service marks used in commerce are registrable like trademarks) and Section 45, 15 U.S.C. The takeaway from CHiP ?

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Social Media Ad Company Seeks Injunction, Damages in First Trademark Suit Against Musk’s ‘X’

IP Watchdog

with willful trademark infringement, as well as common law violations under Florida competition, trademark and service mark laws and violations of Florida’s Deceptive and Unfair Trade Practices Act. District Court for the Middle District of Florida, charging Musk’s X Corp.

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Third Circuit Joins Sister Courts in Ruling TTAB Decisions May Not Have Preclusive Effect

IP Watchdog

In the mid-1990s William Howard joined the band, and in 1997, Beasley obtained a New Jersey state service mark for THE EBONYS. 4,170,469 (the ‘469 mark) for THE EBONYS, as a federal trademark. . As the decades wore on, the Ebonys’ popularity faded, though Beasley alleges they performed continuously since their formation.

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The Interplay between Religious Sensitiveness and Trademark Law in India

IP and Legal Filings

Introduction A mark represents the institution or company to which it belongs and serves as a means of differentiating goods or services among individuals. Marks can be of various types i.e., word marks, service marks, logos, symbols, series marks, etc [1]. 1] Acharya, M. 2022, February 28).

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Book Review: Overlapping Intellectual Property Rights (Second Edition)

The IPKat

With a focus on EU and US approaches to the issue, Musker suggests arguments that may be useful to litigants in similar situations. Being taken from an actual instance of Canadian litigation, the hypothetical allows Sundara Rajan to address differences in treatment of moral rights between civil law and common law countries.

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TTAB Dismisses Opposition: Applicant Proved Priority Through Assignment of Common Law Mark After Proceeding Commenced

The TTABlog

Without evidence, Game Plan's claim of common law rights was baseless and so the Board considered only its registered service mark rights. in order to litigate from a changed position." Game Plan could rely only on the filing date of its underlying application (December 28, 2016) as its constructive first use date. 10 (E.D.N.Y.

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