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In Rich Products Corporation & Anr. v. Indo Nippon Food Ltd 2007 (35) PTC 15 (Del.), the Delhi High Court decided on the issue of exclusivity in relat...
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Daniel Boomhower, Kent State University, Hugh A Glauser Music Library, D-5 Music and Speech Center, PO Box 5190, Kent, OH 44242; 330-672-1667; dboomhow@kent.edu, editor (appointed 2006); Edward Komara (2006), Amanda Maple (2006), Liza Vick (2006). Kathy Glennan, chair (appointed 2008); Jim Alberts (MARC Formats), Beth Flood (Subject Access), Damien Iseminger (Authorities), Michelle Koth (MCB Editor), Jenn Riley (Metadata), Mark Scharff (Descriptive Cataloging), Susan Vita (LC Representative), Jay Weitz (OCLC Representative); Rya Martin, Recording Secretary/Webmaster (appointed 2007). Jenn Riley, chair (appointed 2008; five-year term); Linda Barnhart (2009; two-year term), Keith Chapman (2009; four-year term), Eric Harbeson (2009; four-year term), Caitlin Hunter (2009; four-year term),...
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... and Trademark Office to register a service mark consisting of the logo of an airplane and the word... is unenforceable because it is merely descriptive. The Court of Appeals reversed, holding that incon...
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As a recognized leader in innovative health care, UPMC is taking a leadership role in the effort to eliminate health disparities," noted Elizabeth Concordia, senior vice president for academic and community hospitals. "UPMC Braddock serves the needs of many people currently identified at greater risk for a number of health concerns due to a variety of socio-economic factors. The hospital already has an effective infrastructure within the community to allow us to deliver UPMC's resources to make a real difference. Following the success of this pilot effort, we expect to introduce the program throughout western Pennsylvania.
"The name of our program is descriptive," said Mark Sevco, UPMC Braddock's president. "We are tackling the Healthy People 2010 goals in steps to allow us time to ev...
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Introduction. II. A Critique of Trademark Use on Descriptive Grounds. A. Interpretation of "Use in Commerce". B. Interpretation of the "In Connection With" Clause. C. Common Law Incorporation. D. Case Law Revisionism. III. A Prescriptive Critique of Trademark Use. A. Flaws in the Search Costs Justification For Trademark Use. 1. Do Non-Trademark Uses Cause Confusion?. 2. Search Engines and Search Costs: Information Overload. 3. Search Engines and Search Costs: Insufficient Regulation. 4. Prudential Concerns. 5. Incompleteness. B. False Determinacy. 1. The Development of Ancillary Use Doctrines. 2. Uncertainty in Actual Use Inquiries. 3. A Diagnosis: Use as Proxy. 4. Lessons for Trademark Use in the Infringement Context. C. Ignoring Complexities in the Concept of a Mark. D. The False A...
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... used in the manufacturing and marketing of clip-on night vision devices: “Universal Nigh... or arbitrary; (2) suggestive; (3) descriptive; and (4) generic. Id.; Custom Mfg. and Eng’g. In...
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... a result Flag Co.’s registration of that mark is invalid.1 He argues that summary judgment shoul... the product or service; (2) descriptive—marks that identify the characteristic or quality ...
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... judgment decision finding of descriptiveness of mark and jury determination of fraud in procure...
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...THE CREATOR AND CREATIVITY A. The Mark's Creator B. Creativity's Role in Trademark Law CO... not inherently distinctive, but are descriptive of the particular good or service, can become dist...
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... one word or two, singular or plural) in marketing permanent cosmetic makeup. The Court accepts KP's ...of a term .. which is descriptive of and used fairly and in good faith only to descr...