Tag Archives: Mark

5th Circuit requires use as a mark, but finds Krusty Krab restaurant in SpongeBob qualifies

Viacom Int’l, Inc. v. IJR Capital Investments, L.L.C., No. 17-20334 (5th Cir. May 22, 2018)The Fifth Circuit here adopts a “use as a mark” requirement, though not a very vigorous one, indicating once again that the concept is too useful … Continue reading

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Mark McKenna: Trademark Counterfeiting And Creep

One of my favorite events at Akron Law this past school year was hearing Professor Mark McKenna deliver the Oldham Lecture on his fascinating paper, Criminal Trademark Enforcement And The Problem Of Inevitable Creep.  The completed article, forthcoming in the Akron Law … Continue reading

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Philadelphia Chapter of FBA Tax Section to Host Tax Court Judge Mark Holmes on May 30

On May 30, the newly-formed Philadelphia Chapter of the Federal Bar Association’s Section on Taxation will host a meet-and-greet event with the Honorable Mark V. Holmes of the United States Tax Court. The event is free and open to all … Continue reading

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Threat or hope for Louboutin’s iconic red sole trade mark? AG Szpunar opines that a mark’s ‘reputation’ should not be confused with ‘substantial value’

The trade mark consists of “the colour red (Pantone 18 1663TP) applied to the sole of a shoe as shown (the contour of the shoe is not part of the trade mark but is intended to show the positioning of … Continue reading

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Mark Avera's Closing Argument Sets Up $1.1M Verdict at Trial Over Backbreaking Fall From House Deck |Video|

The destruction of key evidence can kneecap a plaintiff’s case, regardless of any adverse inference instruction a judge may give. In 2017's Fournier v. Derazi trial, however, Mark Avera overcame the destruction of vital evidence to win a seven-figure verdict for a … Continue reading

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