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The functionality doctrine states that functional product features cannot be trademarked. Functionality is a recognized defense to trademark infringement in U.S. law. This defense prevents trademark protection from overriding patent protection by ensuring that no mark can be registered if it is functional as a whole. [35]
The Administrative Trademark Judges of the Trademark Trial and Appeal Board (TTAB) are appointed by the United States Secretary of Commerce in consultation with the Under Secretary of Commerce for Intellectual Property. Each appeal and adversarial proceeding is heard and decided by at least three judges of the TTAB.
The Intellectual Property Office of the Philippines shortened as IPOPHL, is a government agency attached to the Department of Trade and Industry in charge of registration of intellectual property and conflict resolution of intellectual property rights in the Philippines.
As it relates to the case at hand, the opinion finds that Lucky Brand's defense in the 2011 case "did not threaten the judgment issued in the 2005 Action". As the 2005 judgment barred Lucky Brand's use of "Get Lucky", but the 2011 case was about the brand's use of trademarks with "Lucky" in them, these two cases were different and are not ...
A small university in Michigan has agreed to change its name from Rochester University to Rochester Christian University, bowing to a trademark infringement lawsuit by the University of Rochester.
Intersection of trademark law with public domain works; Passing off: Majority: Scalia: Lanham Act: Trademark cannot preserve copyright-like rights to a public domain work. The Lanham Act prohibits both "passing off" (misrepresenting one's own goods or services as someone else's) and "reverse passing off" (misrepresenting someone else's goods as ...
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Patent and Trademark Office v. Booking.com B. V., 591 U.S. ___ (2020), was a United States Supreme Court case dealing with the trademarkability of a generic terms appended with a top-level domain (TLD) specifier (in this case "Booking.com"). The Court ruled that such names can be trademarked unless the existing combination of term and TLD is ...