“TM is now losing almost $500,000 per month operating WES, after spending some $173 million on construction.”
“TM is now proposing further service cuts even though the payroll tax rate has been icnreased twice since 2003 and total agency revenue has gone up 60% since 2004.”
“But even when search costs are zero, a TM is still valuable because it reduces consumer uncertainty about product qualities.”
“Alleged uncanny similarities between Starbucks 'new "local" brand extension, 15th Street Coffee & Tea, have gotten some play in TM-land.”
“Q from Ponte: Consider post-sale confusion in TM law.”
“But does the law really think the only legally relevant function of TM is to indicate source?”
“Consider how the various rationales intersect with other doctrines, such as genericity in TM: sex. com is generic, but there are still things that one can do with sex. com that will trigger liability to other people based on the domain name.”
“Jim Gibson: Safe harbors sometimes drag people into them who might otherwise be more aggressive, but compared to the alternative in TM it might be a good idea.”
“FIFA decided this was ambush marketing, trading on the goodwill of the team without authorization — the beer company needed to stop, and the fans were engaged in TM infringement for representing affiliation with FIFA.”
“Ordinarily in TM we talk about incentive to invest in quality of product, or quality of message about product.”
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