Note: the main page for Project 1 (with other project-related materials) can be found here. MEMORANDUM THOMAS, THOMAS, AND THOMAS A Pretend Limited Liability Partnership FROM: Ira Steven Nathenson, “Managing Partner,” T3 PLLP TO: Spring 2015 “Associate” Class RE: Trademark “knock-out” search DATE: Feb. 2, 2015 Assignment. Background. Broadly speaking, there are two kinds of […]
Patents (Spring 2014). Draft an opinion letter to your client regarding a patent. Objectively advise client on issues of validity, infringement, and remedies. Deadline: Work product should be sent electronically to inathenson@stu.edu no later than Tuesday, March 4, 2014, at midnight EST (end-of-day). Patent at issue: U.S. patent 7,789,902 Other information: “Client” is a law school […]
For these marks, ask: Does the term misdescribe the goods; Do consumers have a reasonable belief in the misdescription; and Is the misdescription material to consumer purchasing decisions. TYPE OF MARK EXAMPLE THREE-PART ANALYSIS REGISTRABLE? DECEPTIVE Section 2(a) LOVEE LAMB (car seat covers) Misdescription Consumers believe the misdescription The misdescription is material to purchasing decisions […]
How clear is the line between descriptive and suggestive marks? Even if a mark is descriptive, it can be protected & registered upon a showing of acquired distinctiveness. HELD DESCRIPTIVE HELD SUGGESTIVE AFTER TAN (after sunning lotion) BED & BATH (store for bedroom & bathroom items) FOOD FAIR (supermarket) JOY (detergent) PARTY AT A DISCOUNT […]
