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3 Dec 2023, 12:36 pm
The longer an authority with notice of the problem has sat on its hands, the more important it may be for the court to enforce the law by making a mandatory order rather than marking the unlawfulness of the authority’s conduct by making a quashing order or declaration. [read post]
3 Dec 2023, 12:06 am
His defence was that he had promoted and sold the oil mixture in good faith. [read post]
2 Dec 2023, 1:45 pm
C. [read post]
1 Dec 2023, 5:17 pm
According to a rule of thumb, which the BoA applied in this case, word elements are more distinctive than figurative elements, since the public will more easily refer to the goods/services in question by quoting the name rather than describing the figurative element of the mark (GC, T-35/21, para. 58 – ALLMAX NUTRITION). [read post]
30 Nov 2023, 7:09 am
By Mark S. [read post]
29 Nov 2023, 5:48 pm
., security, fraud prevention, safety, or to provide a requested good or service). [read post]
29 Nov 2023, 12:44 pm
C. [read post]
28 Nov 2023, 10:17 pm
The Board noted that trade marks must guarantee the origin of the goods or services to the consumer. [read post]
28 Nov 2023, 8:08 am
—John C. [read post]
28 Nov 2023, 6:00 am
"Thereafter, the Taylor Law was enacted in 1967 to enshrine 'the "strong and sweeping" public policy in favor of collective bargaining in this state' and require good faith bargaining between recognized employee organizations and public employers over the terms and conditions of employment (See Matter of City of Long Beach v New York State Pub. [read post]
28 Nov 2023, 6:00 am
"Thereafter, the Taylor Law was enacted in 1967 to enshrine 'the "strong and sweeping" public policy in favor of collective bargaining in this state' and require good faith bargaining between recognized employee organizations and public employers over the terms and conditions of employment (See Matter of City of Long Beach v New York State Pub. [read post]
28 Nov 2023, 4:15 am
Monster alleged a likelihood of confusion between its registered "Claw" design mark for various goods and services, and applicant's "Circled MV" design mark for goods and services in eight classes. [read post]
28 Nov 2023, 1:53 am
Misleading the public The Board began by setting out the essential function of a collective mark pursuant to Article 74(1) EUTMR, namely to distinguish the goods and services of the members of the association which owns the collective mark, from those of other undertakings (DARJEELING, C-673/15). [read post]
27 Nov 2023, 8:07 am
(Note Brunetti later applied to register “FUCK” for various goods and retail store services, but the USPTO denied that application on failure to function grounds and rejected Brunetti’s argument that the Court’s First Amendment analysis in Tam and Brunetti required the USPTO to register this mark.) [read post]
27 Nov 2023, 7:30 am
The decisive factor in determining whether the sign has distinctive character is the fact that the sign is not distinguishable from the appearance of the product (C-26/17). [read post]
27 Nov 2023, 3:40 am
With his Twitter buyout last fall, Elon Musk kicked off a trend of tech executives laying off middle managers for the sake of efficiency — which Meta CEO Mark Zuckerberg has called “good for the industry. [read post]
27 Nov 2023, 3:00 am
Jonathan Turley is the J.B. and Maurice C. [read post]
27 Nov 2023, 2:36 am
The CJEU has said that the extensive use which is made of a mark is relevant to the assessment of confusion in Specsavers v Asda (C-252/12), but I think the judge has stretched that principle too far.Lots of options to read more about this case here.3. [read post]
27 Nov 2023, 1:29 am
It found that articles 14(1)(C) and 14(2) do not expand the rights of the proprietor, but rather limit them. [read post]
20 Nov 2023, 7:31 am
The goods and services were considered either identical or similar to at least an average degree. [read post]
