prima facie evidence
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Never Underestimate the Value of Section 7
We have a case at the intersection of band names and zombie marks, clearly one for which the melody lingers on. In 1997 there was a jam session at SXSW that included the band Los Lobos. In 1998 some of the SXSW performers created a Grammy award-winning album called Los Super Seven; petitioner Daniel Goodman… Continue reading
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Never Underestimate the Burden of Proof
Trademark examining attorneys occasionally make mistakes and often the error can’t be challenged once the trademark is registered.* In Vujovic v. Octop there was a clear procedural error and it was most likely outcome determinative. Two people worked together at a company called “Octop.” The opinion doesn’t have much information (because most of the evidence… Continue reading
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