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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]
2 Jan 2015, 2:02 am
Thus, when conflicting marks share a component with low distinctiveness the assessment of the likelihood of confusion focuses on the similarities/differences and the distinctiveness of the non-common elements.In principle, the coincidence in a low distinctive element will not normally lead own its own to the likelihood of confusion unless one of the following conditions occurs:The other elements have a lower or the same low distinctiveness or they have an insignificant visual impact and… [read post]
2 Jan 2019, 4:59 am
How does the addition of the generic word “International” in the respondent’s advertising but not on their products avoid confusion? [read post]
17 Feb 2014, 10:33 am
He does not mind making house calls. [read post]
28 Jan 2008, 9:24 am
Law review does not feature as prominently in Canada as it does in the U.S., which begs the question of whether marks are even more prominent here. [read post]
20 Dec 2010, 6:55 am
In granting plaintiff's motion for summary judgment on defendants' false marking counterclaim, the court determined that plaintiff's warranty cards contained within its product packaging were not "used in advertising" as contemplated by 35 U.S.C. [read post]
24 Apr 2012, 3:40 am
Where does one begin and the other end? [read post]
10 Aug 2020, 1:02 pm
At issue in this case is whether a police officer has reasonable suspicion to stop a motorist for a … Continue reading → The post Oral Argument Preview: 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]
27 Jan 2009, 7:36 am
oea mark that is used by a person for the purpose of distinguishing or so as to distinguish'--' This definition does not explicitly exclude a sound from being registrable as a mark, and in fact appears to be broad enough to encompass a sound as long as that sound is used to distinguish the wares and services of one source from those of another. [read post]
29 Jan 2019, 8:02 am
Section 3(1)(c) of the UK Act only prohibits registration of marks which consist “exclusively” of the specified characteristics and the FUNTIME mark does not consist exclusively thereof. [read post]
17 Dec 2022, 11:50 pm
What the decision does not show are the potential consequences of misinterpreting a term when applying for trade mark protection. [read post]
26 Jan 2011, 7:35 am
In this case, GSK argues that the false marking statute does not contain any such “executive control” protections. [read post]
5 Jan 2008, 2:42 am
In case Mark Penn does not know this, Hillary is running in a Democratic primary. [read post]
6 Jun 2023, 9:15 am
Bimbo argued that its trade mark enjoyed such a high reputation that it does not have to prove the aforementioned conditions for an infringement of Art. 8(5) EUTMR. [read post]
28 Mar 2022, 2:17 am
This raises our first question – how does one claim to be the owner of a trade mark? [read post]
28 Mar 2022, 2:17 am
This raises our first question – how does one claim to be the owner of a trade mark? [read post]
13 Feb 2008, 10:56 am
PAUL MARKS: "Sometimes I suspect that even North Korean radio presents a slightly less distorted view of the world than the BBC does. [read post]
16 Jul 2010, 7:14 am
As such, the undersigned does not recommend dismissing [plaintiff's] complaint on the basis that it fails to properly plead intent. [read post]
19 Jan 2011, 7:11 am
In denying defendant's motion to dismiss plaintiff's qui tam false marking action, the court rejected both parties reliance on Pequignot as applicable to the pleading standard for false marking claims. [read post]
25 May 2010, 11:25 am
Most notable for me was the Court's introductory paragraph -- it does not seem happy:Stanley Black & Decker, Inc has noticed up for presentment on May 14 a motion to dismiss this action brought against it by Zojo Solutions, Inc. -- an action among the very large number of lawsuits around the country that claim false patent marking in violation of 35 U.S.C. 292(a). [read post]
