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Utah dispute involving Aesthetic Machine Trademark infringement by Sentient lasers

When it comes to trademark infringement, many people think of the sale of counterfeit products. However, trademark infringement can also occur when selling ....

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Rolex Fails To Plead Or Prove Priority Based On Analogous TM Use: TTAB Dismisses Opposition To


The Board dismissed this opposition to registration of the mark
SOME WATCHES TELL TIME . SOME TELL A STORY for,
inter alia, watches. Opposer Rolex alleged likelihood of
confusion with its purported common law mark
IT DOESN T
JUST TELL TIME. IT TELLS HISTORY for watches, but
Rolex s claim of priority based on use analogous to trademark
use failed because (1) it wasn t properly pleaded or tried by
consent, and (2) Rolex failed to prove prior analogous use as a
source identifier.
Pleading: Rolex conceded that it was not
relying on technical (affixation) trademark use on
watches, nor did it claim trade name use of the HISTORY tagline. ....

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