* Policy must be past the initial two-year incontestability
Once the policy is written, states limit the insurer's ability to contest claims to the incontestability
clause (8) or to cases in which fraud is so blatant or atrocious that the payment of the death proceeds would violate public interest (Rejda, 2011).
Standards for Long-Term Care Insurance, Incontestability
Plaintiff filed a trademark-infringement suit after obtaining incontestability
status for its mark that carried a presumption of secondary meaning, which a prior jury rejected.
Rebecca Tushnet, Fixing Incontestability
: The Next Frontier?, 23 B.U.
[section] 1065 (granting incontestability
for registered marks in continuous use for over five years); id.
Patrick Dahlet (23) notes that incontestability
and the construction of "[...] obvious truths based in good common sense [.
This poem employs the dramatic monologue as its technique, and it is written in a boastful tone much like a relic of the days of Olotu and Ogba (soldiers) where praise singers conjure Ekanigbogbo to demonstrate their incontestability
. Like an Urhobo soldier, the poet-persona says, "I tell the imaginary opponent I am no longer a child/but he says it doesn't matter the years I have grown/since last we competed in a series of games/and I won all despite trips that disadvantaged me" (Songs of Myself 102).
Embedding change as a part of the right itself, as I propose here, is neither antithetical to the concept of a right (as demonstrated by water law) nor alien to intellectual property rights (as demonstrated by the doctrine of incontestability
in federal trademark law).(17) And part of the appeal of this situation is that it exerts influence on all patents, not just on patent applications or litigated patents.
, a statutory provision under which a registered mark that is unchallenged for five years can become immune to challenge on the ground that it doesn't in fact serve as a source signifier, looks a lot like a way to suppress others' truthful, non-deceptive speech, (118) and the administrative convenience/quiet-title rationale for incontestability
seems fairly weak in a First Amendment framework.
Registration establishes a presumption as to the incontestability
and distinctness of the mark and allows for remedies not otherwise available, such as attorney fees and costs.