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Trademarks › Failure To State A Claim

A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark... more +
A Trademark is a legally registered distinctive mark or sign which identifies goods, products or services that originate or are associated with a particular person or enterprise . A typical example of a trademark would be a company's logo such as the Nike "Check" or McDonald's "Golden Arches."  less -
International Lawyers Network

Is BURNS NIGHT OFF KILT-ER?: Scotch, Trademarks & Distilling American Meanings

International Lawyers Network on

On December 4, 2019, the Scotch Whiskey Association filed opposition to the trademark application of ASW Distillery LLC, an Atlanta distiller, that was seeking the mark BURNS NIGHT for an American malt whiskey, noticeably...more

McDermott Will & Emery

Although Dismissal Sanction Was Abuse, Complaint Fails on Nominative Fair Use

McDermott Will & Emery on

Addressing whether a district court properly dismissed a Lanham Act case as a sanction for failure to timely file an amended complaint, the US Court of Appeals for the Ninth Circuit concluded that the dismissal sanction was...more

Shumaker, Loop & Kendrick, LLP

Hyundai Can't Escape Antitrust Claims According to Federal Judge in North Carolina

Shumaker, Loop & Kendrick, LLP on

CHARLOTTE, NC – The United States District Court for the Western District of North Carolina has denied plaintiffs Hyundai Motor Company’s Rule 12(b)(6) Motion to Dismiss for Failure to State a Claim (#36). This means that...more

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