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Marks that cannot themselves be registered as trademarks but have achieved secondary meaning can still be protected from unfair competition; under the 1881 Act, circuit courts do not have jurisdiction over a dispute by two parties of the same state not involving a registrable trademark Clinton E. Worden & Co. v. California Fig Syrup Co.
The concurrent use proceeding resumed, and in 1976, the United States Court of Customs and Patent Appeals awarded the Myrtle Beach hotel a federal trademark registration. [21] Even where a concurrent use registration is issued, the parties may eventually come to an agreement under which one party will surrender its registration.
A suggestive trademark tends to indicate the nature, quality, or a characteristic of the products or services in relation to which it is used, but does not describe this characteristic, and requires imagination on the part of the consumer to identify the characteristic. Suggestive marks invoke the consumer's perceptive imagination.
A California man’s chances of trademarking “Trump too small” may be gone. The Supreme Court on Wednesday appeared inclined to side with the Biden Justice Department in rejecting the ...
The doctrine of foreign equivalents is a rule applied in United States trademark law which requires courts and the TTAB to translate foreign words in determining whether they are registrable as trademarks, or confusingly similar with existing marks. The doctrine is intended to protect consumers within the United States from confusion or ...
Long title: An Act to make new provision for registered trade marks, implementing Council Directive No. 89/104/EEC of 21st December 1988 to approximate the laws of the Member States relating to trade marks; to make provision in connection with Council Regulation (EC) No. 40/94 of 20th December 1993 on the Community trade mark; to give effect to the Madrid Protocol Relating to the International ...
Berberine, a plant compound traditionally used in herbal medicine, is today commonly stocked on the shelves of health food stores and pharmacies as a supplement. Beyond weight loss, berberine also ...
Vidal v. Elster, 602 U.S. 286, is a United States Supreme Court case dealing with 15 U.S.C. § 1052, a provision of the Lanham Act regarding trademarks using the name of living individuals without their consent.