Search for: "Mark S. Humphreys"
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28 Aug 2018, 12:16 am
Julius Stobbs and Yana ZhouIn the EU, any third party in possession of genuine goods put on the market in the European Economic Area (EEA) by the trade mark owner or with the trade mark owner’s consent is free to resell those goods within the EEA. [read post]
4 May 2012, 11:22 am
On the broadcasters’ side, the ABC Television Affiliates retained Wade Hampton Hargrove, Jr. and Mark Jay Park of Brooks, Pierce, McLendon, Humphrey & Leonard. [read post]
13 Jun 2019, 2:01 am
Robert MargolisDistrict court correctly held that trademark owner failed to raise genuine factual issue as to secondary meaning of the asserted mark. [read post]
6 Sep 2019, 3:54 am
In general, a trademark is considered to have acquired distinctive character when the mark applied for is known by the relevant public as a sign of origin/business identifier for the applicant’s goods/services within the relevant territory. [read post]
19 Apr 2019, 3:32 am
The Eleventh Circuit agreed with that conclusion based on the plain language of the licensing agreement and affirmed the lower court’s decision (Kroma Makeup EU, LLC v. [read post]
16 Oct 2018, 6:08 am
The Board’s decision to sustain Frito Lay’s opposition to registration of the marks on the ground of mere descriptiveness was affirmed. [read post]
13 Jul 2009, 8:19 am
Attorney Mark Humphreys gives limited information, but still provides his phone number and Web site for easy contact. [read post]
28 May 2019, 4:07 am
(“WSI”) willfully infringed ACT’s “777” trademark for nail brushes, the jury also reasonably found that ACT’s claims were time-barred because knew or should have known about WSI’s use of the 777 mark more than four years before filing suit, the U.S. [read post]
15 Oct 2018, 2:38 am
In addition, Mitsubishi’s ability to realise the economic value of the goods bearing its mark was affected. [read post]
31 Oct 2019, 12:37 am
The AG’s thoughts about the risks of an abuse of the EU trade mark system by obtaining monopolies for a five-year period without any use are valid. [read post]
25 Sep 2018, 3:13 am
Gleissner’s conduct has been scrutinised in a plethora of trade mark and domain name decisions globally. [read post]
28 Apr 2014, 9:09 am
Gordon Humphreys gave a short account of how OHIM's Boards of Appeal follow their written procedure, involving the deliberation and drafting process, emphasizing that the linguistic challenges posed by the EU: 28 have to be factored in, when for example one of the marks is meaningful in a particular language. [read post]
3 Sep 2019, 11:41 am
It held that NATEXO’s use of the mark appeared to imply that the competition was organized by BIMBO, or at least sponsored by BIMBO. [read post]
5 Dec 2018, 3:04 pm
The court stressed that in most trade mark infringement matters, the balance of interest (urgency) will swing in the plaintiff’s favour, on condition that the infringement continues. [read post]
27 Sep 2018, 9:57 pm
The PMD did, therefore, not consider the evidence to be conclusive that the mark had become established on the market in Sweden at the time of Green Staplers registration and, therefore, did not accept Volvo’s claim to rights in an unregistered trademark at the time of filing of Green Stapler’s mark. [read post]
20 Mar 2020, 12:00 am
However, it’s a change of script for a story that could have been a great success. [read post]
27 Aug 2018, 6:32 am
It is indeed hard to construe how taking off somebody’s mark and then selling the goods under a different mark can be use of the mark for the goods in the marketplace. [read post]
9 Jan 2019, 12:28 am
In other words, it will not be necessary to first cancel a trade mark registration that infringes upon third party rights in order to bring infringement proceedings against such trade mark. [read post]
4 Aug 2016, 1:49 pm
Both Mark Graber and Gerard Magliocca make important points. [read post]
10 Apr 2019, 4:16 am
It found the marks to be similar and Nike’s mark to be inherently distinctive. [read post]
