Holding that either "hands on testing" or "review of experimental, statistical, or other scientific data generated by others in the field" may suffice as a reasonable methodology upon which to base an opinion
Holding that an assignment, executed on October 24, 1994, but which claimed to be effective "prior to Gaia's filing of the instant suit," was not sufficient to confer standing on Gaia
Ruling expert’s ipse dixit conclusion inadmissible when report failed to say what software was used, what data was entered, what results were produced, and how alternative explanations were ruled out
Holding that “[a]n action for trademark infringement can only succeed if, among other things, the plaintiff owns the mark,” and although “[r]egistration provides prima facie evidence of ownership ..., [u]ltimately, it is not the fact of registration that matters so much as the use of the mark in commerce”
Questioning Phillips's limitation on the public presentation exception and discussing why the public presentation exception may be applicable to art that integrates its location as one of its elements
37 C.F.R. § 202.1 Cited 250 times 7 Legal Analyses
Denying registration to "[w]ords and short phrases such as names, titles, and slogans; familiar symbols and designs; mere variations of typographic ornamentation, lettering or coloring; mere listing of ingredients or contents."