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1 Oct 2014, 12:00 am
The Report also notes that there is little applicable case law on the subject, due to the recency of the new marking provisions, and that virtual marking may have deficiencies that are not yet totally apparent, and as a result the issues may need to be revisited at a later date. [read post]
15 Aug 2021, 4:30 am
Jane LambertChancery Division (Mr Justice Marcus Smith) Lifestyle Equities CV v The Copyrights Group Ltd and others [2021] EWHC 1212 (Ch) (10 May 2021)This was an action for trade mark infringement and passing off, The first claimant was the registered proprietor of the following European Union and United Kingdom trade marks and the second claimant was its exclusive licensee:EU005482484 [read post]
11 Jun 2010, 7:44 am
The Federal Circuit even held that Solo Cup’s markings that certain products “may be covered” by one or more of a long list of patents to be evidence of rebuttal that it did not intend to deceive the public. [read post]
8 Mar 2011, 12:27 pm
From May 10, 2010 through February 24, 2011, 179 false marking cases have settled for an average of approximately $53,400 per case. [read post]
12 May 2011, 2:19 am
It is as clear as may be that the parties to the licence agreement were conscious of the circumstance that many of the marks referred therein were registered under the Trade Marks Act; and it may be inferred that they had an active appreciation of the requirements of s 10. [read post]
8 Apr 2020, 9:15 am
As an in-house IP attorney, you may take comfort in knowing that your patent marking program is thorough, well-established, and properly executed. [read post]
19 Mar 2021, 4:27 am
- ed.].The Board also noted that the letters K and F appear with the words "Kingswood Forest" on Aquart's specimens of use, a fact that may be taken into account in interpreting Aquart's mark. [read post]
3 Dec 2018, 7:27 am
These may be marked by hand or by machine (using a ballot-marking device); they may be counted by hand or by machine (using an optical scanner). [read post]
1 Oct 2017, 4:34 am
This circumstance may lead some consumers to consider them related in some way, given the fact that they contain extremely similar graphic elements. [read post]
1 Apr 2024, 12:16 am
Second, the Libertel judgment may not just be important for the graphic representation of colour trade marks. [read post]
24 Dec 2009, 4:04 am
Section 137 recognises that a trade mark owner may elect to bring proceedings and ss 136 and 137 address what is to occur in the circumstances of those sections in respect of seized goods if the relevant steps are not taken. [read post]
2 Jan 2019, 4:59 am
Therefore, in considering whether a mark was registered in bad faith in Israel, such mark need not be well-known in Israel.Furthermore, the Supreme Court noted that even where there is no use of an “international mark” [whatever that means—AB] in Israel, the local registration may have been made in bad faith if the mark had already gained "international goodwill" [whatever that means—AB] . [read post]
26 Sep 2023, 9:24 am
The reason why they are not relevant to many companies is that the owner may not supply the goods or services it certifies Art. 83(2) EUTMR. [read post]
25 Aug 2013, 2:12 am
A debt collection attorney’s use of the mark “SqueezeBloodFromTurnip” in connection with debt collection practices may seem unsavory, and, perhaps, disrespectful to the debtors, who are not necessarily bad apples (pun intended). [read post]
14 Mar 2017, 1:59 am
Hence, the Bombay High Court may now be out of bounds for brand owners of well-known marks, and trade marks with a reputation, who wish to avail the remedy of infringement when their mark is used as a trade/ corporate name to do business in dissimilar goods/ services. [read post]
27 Oct 2011, 10:08 pm
And second, a person may file a civil action to recover damages under the false marking statute only if the person "suffered a competitive injury. [read post]
18 Apr 2013, 9:41 am
As for the acquisition of distinctive character, this may result both (i) from the use, as part of a registered trade mark, of a component of it and (ii) from the use of a separate mark in conjunction with a registered trade mark. [read post]
1 Sep 2023, 1:00 am
Supplementary Protection Certificate (SPC) fee payment periods Fees for an SPC must be paid for in a single payment before the SPC may take effect. [read post]
18 Apr 2017, 7:35 am
The marking statute creates a constructive notice regime for sales of ‘patented articles’ and then cuts-off damages for failure to mark those articles: In the event of failure so to mark, no damages shall be recovered by the patentee in any action for infringement, except on proof that the infringer was notified of the infringement and continued to infringe thereafter, in which event damages may be recovered only for infringement occurring… [read post]
8 Aug 2019, 12:28 am
But how to use this function in trade mark cases may need to be explored. [read post]
