2014

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A trademark is abandoned if its ‘use in commerce’ has been discontinued with no intent to resume use. The intent to resume use must be formulated without the three years of non-use. Plaintiff ceased use at the end of 2002. It attempted to sell the assets of the business in ’03 and ’04, but that

ugg one baily buttongg-1873-Bailey-Button-Triplet-Boots-in-Chestnut-56_04_LRGbrinley wood toggle

Decker (owner of the Uggs brnad) claims trade dress and owns a design patent covering its ‘Bailey Button’ style, two versions of which are depicted on top. The Bailey Button style is characterized by: (1) suede boot styling, (2) overlapping of front and rear panels on the lateral side of the boot shaft; (3) curved

FresherEvolution_HighClearance_withLogo

As I’ve said many times, High Pressure Processing (HPP) is a method of food processing where food is subjected to elevated pressures (up to 87,000 pounds per square inch or approximately 6,000 atmospheres), with or without the addition of heat, to achieve microbial inactivation or to alter the food attributes in order to achieve consumer-desired

urban tortilla

This page suggests that Urban Tortilla, which sells tortillas in San Francisco Airport, paid $299 for the spiffy U in circle logo above. They have now been sued by the Union of Orthodox Jewish Congregations, owner of the U in circle certification mark that indicates that food is kosher. Among the foods prohibited under the

First, a shout out to Prof Tushnet, of 43(b)log, whose article is cited with approval in this case.

Lexmark manufactures toner cartridges. Cartridges can be re-filled by ‘re-manufacturers’, so Lexmark inserted a microchip that prevented re-use (unless the consumer returned the cartridge to Lexmark). A ‘shrink-wrap’ license prohibited the consumer from submitting the cartridge to