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9 Sep 2020, 8:01 am
At issue in this case is whether a police officer has reasonable suspicion to stop a motorist for a marked lanes violation … Continue reading → The post What’s On Their Minds: Where Do We Draw the Line: Does Driving On, But Not Across, a Marked Line Provide Reasonable Suspicion To Support a Traffic Stop? [read post]
19 Mar 2018, 5:30 am
Happily, the now-completed briefing does explore that more fundamental question. [read post]
2 Mar 2017, 6:47 am
The Court of Appeal clarified that a sign that is inherently unregistrable under the trade mark regime (i.e., a sign that does not constitute a trade mark) cannot be protected as a well-known mark. [read post]
4 Mar 2009, 3:44 pm
The FCA ruled that the word "glen" does not designate a whisky's country of origin and is therefore not a generic term that is an unregistrable trade-mark under Canada's Trade-mark Act. [read post]
28 Jun 2023, 3:01 am
Since the essential characteristics of Hummel’s black-on-white trade mark are present in the white-on-black form of use, the latter does not alter the distinctive character of the former. [read post]
2 Feb 2012, 2:10 am
But, the Board noted, "a proposed mark that serves only to identify an item on a menu does not function as a service mark for restaurant services. [read post]
27 Apr 2019, 12:21 am
The latest amendment, instead, provides an ex-ante approach to address this issue, which is more heavy-handed, as it explicitly prohibits registration of a mark, if the trade mark applicant does not have any intention to use it. [read post]
24 Mar 2015, 12:44 pm
it may — depending on the specific mark which is described as enjoying a reputation and, accordingly, on the public concerned — be sufficient that a Community trade mark enjoys a reputation in one Member State, which does not need to be the State in which that provision is relied upon. [read post]
8 Dec 2016, 6:06 am
Amazon is one such example that does not appear in this list. [read post]
7 Oct 2015, 8:10 pm
See why Attorney Steven Houbeck refers his injury leads to fellow lawyer Mark Blane - there are good reasons as to why he does this and it starts with trust. [read post]
10 May 2011, 7:48 am
Applying the proper standards, it is at least facially plausible that [defendant] could be liable for false marking when it marks its product as patented but the company does not own a patent that covers the product. [read post]
18 Feb 2015, 8:49 am
The fact that a claimant has a mark with weak distinctive character does not prevent a court awarding protection to it against the use of a third party’s sign which relies on merely token variations but which in effect misappropriates the mark’s dominant and most distinctive elements. [read post]
25 Aug 2013, 2:12 am
The Kitchen Cat here and hereMerpel does not suggest putting the words Cook and Cat together in a single search query... [read post]
22 Apr 2017, 5:04 pm
· The applicant, being a Cuban citizen, does not have any official (Government) permits to operate in Cuba, in any or all the different economic areas affected by the perspective trade marks. [read post]
5 May 2014, 12:06 am
In an apparent first for South African trade mark law, the Western Cape High Court has considered whether the remedy of damages or a reasonable royalty for trade mark infringement requires the claimant to prove fault in the form of negligence or intention. [read post]
7 Apr 2016, 3:38 am
The Board held that use of the wholly-owned subsidiary's registered mark by a parent entity does not inure to the benefit of its subsidiary when the parent controls the nature and quality of the goods. [read post]
22 Jul 2009, 10:45 am
"Therefore, the meaning and commercial impression of the expressions 'Walk of Life' and 'Walk in Life' can be the same.The addition of the slightly laudatory phrase "There is always one" to Applicant's mark does not distinguish the marks. [read post]
29 Nov 2011, 5:28 am
Mark Cuban is a billionaire and a very smart guy, but his opinion that reducing corporate taxes does not create jobs is off the mark: Companies hire because they need people to compete and keep customers happy, not because of lower tax rates … . [read post]
1 Apr 2024, 12:16 am
This does not only discriminate abstract colour (combination) marks vis-à-vis coloured trade marks of a different type (e.g. figurative or 3D trade marks in colours). [read post]
13 Jan 2009, 1:01 pm
Once again, a perennial question has resurfaced in the legal blogosphere: Does blogging generate revenues? [read post]
