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15 Jul 2007, 6:37 pm
DOES THE SPREAD OF CELLPHONES UNDERMINE TRADITIONAL POLLING? [read post]
12 Jun 2018, 12:52 am
In the present instance, the mark does not relate to a specific shape of sole for high-heeled shoes since the description of that mark explicitly states that the contour of the shoe does not form part of the mark and is intended purely to show the positioning of the red colour covered by the registration. [read post]
1 Oct 2017, 4:34 am
ConclusionThe decision of the Board does not appear surprising, also considering that the similarities may be said to outweigh the differences between the signs. [read post]
10 Apr 2017, 6:45 am
In reaching this conclusion he noted that (i) the SOUL in SOULUXE does not perform an independent and distinctive role; and (ii) SOULUXE does not indicate a variant brand of SOUL. [read post]
30 May 2013, 2:01 am
Given that the Trade Marks Act does not demand that an applicant for registration should be a legal practitioner, should the Registry be concerned with who an agent is? [read post]
Recent Decision Highlights Importance of Pleading Compliance with the Federal Patent Marking Statute
26 Apr 2019, 6:16 am
Non-practicing entity (NPE) Express Mobile opposed the motion, arguing that compliance with the Marking Statute is a question of fact not suitable for adjudication on a motion to dismiss and that it was not required to mark because it “does not practice its patents” and “does not currently sell products that practice its patents. [read post]
19 May 2011, 2:20 pm
§292 to the United States government or to an entity suffering a competitive injury as a result of the alleged false marking. (10) The America Invents Act merely narrows the potential pool of plaintiffs and does not alter the amount of damages available. [read post]
16 Apr 2010, 8:03 am
[J]ust because [plaintiff] did not mark all of the shipped [products] with the [patent] does not change the fact that it violated the statute by using the [patent] in advertising all of those [products]. [read post]
24 Dec 2016, 4:04 am
does the use give rise to consumer deception, take unfair advantage or cause detriment? [read post]
8 Aug 2011, 7:25 am
But trademark law does not give the mark owner control over all use of the image, word, or phrase that constitutes its mark. [read post]
8 Aug 2011, 7:25 am
But trademark law does not give the mark owner control over all use of the image, word, or phrase that constitutes its mark. [read post]
18 Jun 2010, 9:45 am
” What does it all mean and why should small- and medium-sized enterprises (SMEs) care!? [read post]
13 Sep 2018, 1:56 pm
The House Judiciary Committee marked-up the Injunction Authority Clarification Act, the bill that would eliminate universal injunctions. [read post]
27 Aug 2014, 4:13 pm
Beyond these substantial differences, Creighton claims in the Application that their first date of commercial use of the new Billy was in October 2013—likely preventing the University from arguing that Creighton has prior use rights in the Application.Absent priority, Creighton will likely have to show that the Application does not cause a likelihood of confusion with the Registered Marks. [read post]
1 Jun 2023, 9:08 am
Descriptiveness of the signs The German Patent Court held that a 3D trade mark consisting of the shape of the goods is descriptive of the shape of the goods only where either: (i) the shape does not deviate significantly from the norm or customs of product shapes in the relevant sector; or (ii) if there are special circumstances that show that there is a need of competitors to also use this shape. [read post]
30 May 2007, 5:08 am
A mental association does not necessarily lead either to blurring or tarnishing'. [read post]
1 May 2012, 7:06 am
I'll mark this off my "to do" list. [read post]
25 Feb 2010, 4:43 am
However, how far does a service provider have to go to ensure that they are not falling foul of trade mark law? [read post]
30 Dec 2018, 4:13 am
This is in particular so when bearing in mind that a consumer normally perceives a mark as a whole and does not proceed to analyse its various details. [read post]
2 Jan 2010, 9:16 pm
” The court held that the plain language does not support the per-decision penalty, but a per-article penalty. [read post]
