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Now you can get up close and personal to your new aquatic friends without the need for an extra device. This bright modern cushion pattern features carnival style applique letters spelling ‘live’, ‘love’, and ‘laugh’.
Here is a post from Prof Goldman’s blog on the First Sale doctrine with several useful links. The labels we apply to this business can be confusing, and this is true whether we analyze the problem via copyright or via trademark.
You say the consumer won’t be confused [classic trademark] and won’t believe that Chanel has approved, endorsed or is affiliated with [latter-day trademark] you or your product, but how can you say that in an era when the extent of IP enforcement rights are so well articulated? Your consumer expectations argument proves too much,  It would essentially bring the line of where consumers will or won’t be confused to infinity.
First of all, even in cases like that, the Court required the reseller to mark the goods clearly as refurbished to insulate the original trademark owner from any inferiority in the goods.
Second, the Court noted that a complete remake would indeed be an infringement, and later cases have found that. The question of whether consumers are likely to be confused is the signal inquiry that determines if a trademark infringement claim is valid.
As for me, I'm an AV-rated partner and commercial litigator in the IP Department of Archer & Greiner PC* with offices in New York and New Jersey (but active nationwide) and, some say, "IP maven"* with a special interest in copyright and trademark infringement claims involving the Internet, including advising clients how to avoid them.
DISCLAIMERThe opinions expressed here are my own, and not necessarily those of Archer & Greiner, P.C. Now website builders, web designers and webmasters can go further than just a 'Responsive mobile design'.  Create customized webpages for each individual mobile devices.
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A beach holiday to be more precise, with crystal clear blue waters full of weird and wonderful, vibrant fish.
The big buttons are easy to press and the lenses feature two cross hairs to make sure you get the perfect shot. So whether you are out in the ocean or up to shenanigans in the pool, all the action can be captured with amazing quality (check out our additional images further up this page). Who is the source of the jewelry pictured above? This jeweler. Jewelry companies purchase luxury clothes and ‘re-purpose’ the buttons (bearing the logo) into jewelry, and sell them on sites like this one. Wilson and I argue that, in the context of the Internet secondary market, whether the distributor is affiliated with the manufacturer is irrelevant as long as the goods are genuine. That is the only visible mark on what appears to be a bracelet, and Chanel makes bracelets and other jewelry. This blog is about trademark law, copyright law, free speech (mostly as it relates to the Internet) and legal issues related to blogging.
Create a website in any traditional design and have the power to insert a blog as a widget on any webpage, which is then updated wherever a widget is placed on a webpage. Handzon creates special tags surrounding all entries, allowing Google to index content deep within all websites.
Are you a restaurant that would like to have a mobile menu or ordering from a mobile device?  Looking for a real estate website for mobile devices? And if you need to build a mobile website, there is no better choice for a website builder. We offer SSL certificates for secure ordering.  Also, show customers your commitment to their privacy by offering Truste privacy services. We now also offer free website builder training seminars every Friday evening to help along with your website. And what’s better than coming home from your awesome break than to show your (incredibly jealous) family and friends just how spectacular it really was! The Digital Camera Mask comes with 32mb of flash memory and this is expandable to a whopping 32GB via the MicroSD card slot.


Courts should apply a presumption of no affiliation between the reseller and the manufacturer, and for any successful Lanham Act claim, actual deception regarding this affiliation should be required. In addition, chosen templates will be applied to website template, updating all of the content throughout the entire website. Mobile websites are now easy to build exclusively for handheld devices, and managed easily in one location, with no programming knowledge needed. We also propose the elimination of initial interest confusion as a cause of action under the Lanham Act, as well as legislatively strengthening trademark first sale and nominative fair use doctrines, so that making use of those defenses does not create a higher bar to scale when the resale occurs online versus in a brick-and-mortar setting.
Ditto first sale — you cannot create something new and rely on the first sale doctrine. It ingeniously combines an underwater camera and snorkelling mask into one super easy to use gadget.
The type marks attached by the manufacturer are determined by the use to which the plug is to be put. All you can do is resell what you got, and maybe refurbish back to new condition or as best as you can get it. But the thread size and size of the cylinder hole into which the plug is fitted are not affected by the reconditioning.
2005), one of my cases, which relied on decisions from the 5th, 9th and 11th Circuits on similar facts. And there is evidence that the reconditioned plugs are inferior so far as heat range and other qualities are concerned. Inferiority is immaterial, so long as the article is clearly and distinctively sold as repaired or reconditioned, rather than as new.
The result is, of course, that the second-hand dealer gets some advantage from the trademark. Coty, supra, that is wholly permissible so long as the manufacturer is not identified with the inferior qualities of the product resulting from wear and tear or the reconditioning by the dealer.



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