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9 Dec 2020, 2:10 am
The accused was charged for possession of goods, for the purpose of trade, to which a registered trade mark was falsely applied under section 49(c) of the TMA. [read post]
28 Mar 2022, 2:17 am
Let’s start with the legislation – a very good place to start The Trade Marks Act 1995 (Cth) (the Act) makes it clear under section 27(1) that an application for registration of a trade mark may be made if the person claims to be the owner of the trade mark. [read post]
28 Mar 2022, 2:17 am
Let’s start with the legislation – a very good place to start The Trade Marks Act 1995 (Cth) (the Act) makes it clear under section 27(1) that an application for registration of a trade mark may be made if the person claims to be the owner of the trade mark. [read post]
6 Jun 2023, 9:15 am
Art. 8(5) EUTMR and Art. 9(2)(c) EUTMR provide that claims based on a trade mark with a reputation can be asserted irrespective of whether the goods or services of the opposing trade marks are identical or even similar. [read post]
28 Mar 2010, 10:09 am
The first is in Joined Cases C-236/08 to C-238/08 Google France and others v. [read post]
European Union Trademarks and Austria: Famous mark PUMA beats “PUMA Multipower” for dissimilar goods
1 Jul 2023, 2:36 am
C‑252/07 – Intel, paras 41, 42, or C‑552/09 – TiMiKinderjoghurt, para 56). [read post]
13 Jul 2019, 1:24 am
., Ltd. lost a trade mark infringement case regarding its ‘Double C’ logo in China. [read post]
4 Mar 2024, 9:08 am
Use of a trade mark as a trade or company name or part thereof (Art. 10(3)(d) TMD/Art. 9(3)(d) EUTMR) as such has been found not to be trade mark infringing as it does not constitute use ‘in relation to goods or services’ (CJEU, Céline, case C-17/06, IPKat here). [read post]
8 Sep 2011, 10:00 pm
CALIFORNIA TRIAL LAWYER AND BEST SELLING LEGAL AUTHOR MARK C. [read post]
7 Feb 2017, 3:01 am
Professor Jeanne C. [read post]
4 Jan 2022, 11:37 pm
The substantial value of the shape of a Gömböc stems, as the Court put it, "from an intellectual creation" and not from the intent to distinguish certain goods from goods of a competitor.Trade mark law is not the correct intellectual property right to protect such shapes. [read post]
27 Jan 2009, 7:36 am
Unregistered Protection The short answer is that sound marks are protected by the common law if their owners can prove: (a) there is goodwill in the marks (i.e., the marks have developed a reputation), (b) a third party's use of a similar mark is deceiving the public, and (c) the third party's use of the marks is causing damage to the owner. [read post]
8 Apr 2022, 11:38 pm
In other words: the perception of internet users and consumers is irrelevant to the first prong of the infringement analysis.It follows that the referred question relating to the relevance of the perception of internet users/consumers must also be answered in the negative.Whether the operator of an online marketplace uses a trade mark itself when it delivers goods to end customers at the request of independent sellersExisting CJEU case law already provides an answer – in the… [read post]
15 Mar 2011, 6:00 am
California Child Injury Attorney Mark C. [read post]
25 Jan 2019, 1:59 pm
Slip op. at 41 (quotation marks omitted). [read post]
20 Aug 2010, 12:11 am
A trade mark is a mark used in relation to goods or services which distinguishes those goods and services from those sold or rendered by any other person. [read post]
23 Jul 2009, 9:39 am
Editors: Lionel Bently, Jennifer Davis, and Jane C. [read post]
2 Mar 2013, 10:19 am
Canada’s federal Government introduced Bill C-56 on March 1, 2013 – the Combating Counterfeit Products Act. [read post]
31 Dec 2020, 2:15 am
Accordingly, a low degree of similarity between those goods or services may be offset by a high degree of similarity between the marks, and vice versa (C-39/97, Canon).In light of all the considerations above and, in particular, the average inherent distinctiveness of the earlier mark, the General Court concluded that there was a likelihood of confusion between the two marks in respect of all goods in Class 11.CommentThis decision is a textbook… [read post]
7 Aug 2019, 3:42 am
The Board sustained this opposition to registration of the mark WOLVOL for laptop computers and related goods, finding a likelihood of confusion with the registered mark VOLVO for a variety of goods and services, including computers and video screens. [read post]
