section] 1065 (2012) (setting forth the requirements for incontestability
of a trademark owner's right to use a mark).
The conclusion that the statute's "lifetime of the insured" provision applies to a reinstated policy when the policy does not expressly so provide is analogous to policies that fail to include an incontestability
clause at all.
For example, Suman Naresh considers the possibility that incontestability
might be justified by a societal interest in settling claims (one of the rationales identified earlier to support adverse possession), (271) but concludes that the public cannot consent to the acquisition of an incontestable mark through its collective inaction because there is no well-placed public actor to oppose the march to incontestability
This declaration of incontestability
provides an extra layer of important protections and advantages to the SubscriberWise mark and brand," said David Howe, president of SubscriberWise.
achieved the status of incontestability
by the time the patents would
Article 16 of the 2009 Amendment governs an insured's duty of disclosure and introduced several significant changes to the old law: (1) the scope of the duty, (2) elements of breach of the duty, (3) the incontestability
provision, and (4) the return of premium after the rescission of contract.
112) The breadth of incontestability
clause requirements depends on the
They refer, moreover with the full rigidity of their apodictic certainty and incontestability
to the reality of action as it appears in life and history.
and which] refer with perfect certainty and incontestability
to the reality of action as it appears in life and history' (von Mises, 1949: 39).
Further, since Ike is 78, because of the two-year incontestability
provision, he would be 80 or more at the time of any potential sale.
Depending on the incontestability
period, see infra notes 114-16 and accompanying text, the elderly person may have to hold the policy for more than two years.
Moreover, since Rayside does not devote much attention to methodological questions, the real significance of his book should be sought not in the rigorousness or incontestability
of its explanations so much as in the important contribution it makes to deepening and expanding our understanding of the public recognition of sexual diversity.