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1 May 2024, 3:31 am by Alessandro Cerri
 In 2020, Maison Jean Patou (Patou), a French luxury fashion house, filed a notice opposition in respect of the Application (the Opposition) on the basis of a number of earlier rights, including its EUTM for the word mark JOY, which had been registered for goods in class 3 (cosmetics). [read post]
30 Apr 2024, 6:47 am by Jocelyn Bosse
” She took us through the history of the case law that confirmed the broad scope of protection for GIs (such as Case C-87/97 Cambozola), then recognised the existence of infringement without use of the GI name (Case C-44/17 Glen Buchenbach), even in relation to images and shapes, as well as in relation to services (Case C-783/19 Champanillo).The broad protection for GIs is justified by its aim of protecting cultural heritage and collective rights with… [read post]
29 Apr 2024, 10:43 pm by Jocelyn Bosse
 © Jocelyn BosseMarcel Pemsel evaluated the protection of short jingles as trade marks in light of the recent EUIPO Board of Appeal decision, which confirmed the rejection of Berliner Verkehrsbetriebe's application for a two-second long sound mark in class 39 (‘Transportation; passenger transport; packaging of goods; storage of goods; organization of trips’) due to lack of distinctiveness. [read post]
29 Apr 2024, 12:09 pm by Townsend Bourne and Daniel Alvarado
This strategy must include (a) a current assessment of the agency’s AI maturity and AI maturity goals, (b) the agency’s plans to effectively govern its use of AI, (c) a plan for establishing organizational and governance processes as well as developing the necessary infrastructure to manage risks, and (d) plans for future AI investment, among other items. [read post]
29 Apr 2024, 2:37 am by Eleonora Rosati
Turning to distinctiveness, the speaker referred to decisions like those in C-265/09 P, C-84/16 P., T-610/21, T-458/21, R 1349/2022-5, and R 362/2023-4. [read post]
26 Apr 2024, 4:01 am
A TTAB judge once said to me that one can predict the outcome of a Section 2(d) appeal 95% of the time just by looking at the marks and the involved goods/services. [read post]
24 Apr 2024, 11:27 am by admin
Martin Wells set out to do a meta-analysis, which was all fine and good. [read post]
22 Apr 2024, 10:06 pm by Marcel Pemsel
This is a rather vague concept but seems to be akin to the requirement of ‘significant departure from the standard and customs in the relevant sector’ applied to three-dimensional trade marks representing (parts of) the goods (e.g. case C-417/16 P at para. 35). [read post]
22 Apr 2024, 10:01 am by Norman L. Eisen
Trump’s Alleged Violations of the Gag Order DANY’s initial April 15 request for an order to show cause—effectively a motion to find Trump in contempt of court—argues that there is “good cause” for believing that three social media postings by Trump (numbers 1-3 below) violate the gag order. [read post]
18 Apr 2024, 9:01 pm by renholding
As we gather to mark ten years of dialogue, I think it’s important to both summarize what we’ve learned during this period and see how we can leverage those lessons to effect better compliance in the future. [read post]
17 Apr 2024, 7:05 am by Norman L. Eisen
” Robert Costello—Costello is “Lawyer C” in the statement of facts. [read post]
17 Apr 2024, 3:38 am by Eleonora Rosati
The IPKat has received and is pleased to host the following guest post by Katfriends Jakob Plesner Mathiasen and Matilde Helene Bom (both Gorrissen Federspiel) on a recent Danish decision tackling the relationship between trade mark law and freedom of expression. [read post]
15 Apr 2024, 9:01 pm by renholding
The two decisions mark the second and third times a federal district court has held that a Federal Reserve Bank has the discretion to deny master accounts to legally eligible depository institutions. [read post]
14 Apr 2024, 1:45 pm by David Oscar Markus
Circuit, offers as good a definition of judicial collegiality as I have seen. [read post]