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This matters 1) where the trade mark owner also owns a Community design, and 2) where the trade mark owner is the sole manufacturer of the original part. [read post]
Comment The judgment shows that reputed trade marks will not always be spared from revocation, and that in the assessment of trade mark use, it matters how customers view the products. [read post]
25 Feb 2011, 6:16 am by Matt Osenga
Although the Hy-Grade court claimed that it did not matter whether the False Marking Statute is deemed to be civil or criminal in nature, it seemed to rely on the Federal Circuit statement in Pequignot that the statute is a criminal one. [read post]
20 Apr 2013, 2:24 pm
Having framed the debate Jonathan then gave the floor to Alex, who focused on two principal factors: the subject matter of protection (i.e. validity); and the scope of protection (i.e. infringement) as they applied to trade marks and designs. [read post]
19 Sep 2019, 12:24 pm by Peter Groves
The claimants appealed, and the Court of Appeal sent the matter on an expedition to Luxembourg.The Court of Justice ruled that Article 97(5) allowed the trade mark owner to bring infringement proceedings before an EUTM court of the Member State where the consumers or traders to whom online advertising and offers for sale were directed were located. [read post]
3 Dec 2018, 7:27 am by Andrew Appel
  As a practical matter, do voters verify their BMD-printed ballot cards, and are they even capable of it? [read post]
21 Nov 2007, 5:15 am
The issue of ownership of a mark, as between the manufacturer and the exclusive distributor of a product, is "a matter of agreement between them, and in the absence of an agreement, there is a legal presumption that the manufacturer is the owner of the mark. [read post]
13 Jun 2014, 2:58 am
Cristiano Ronaldo -- "CR7"In order to include the Spanish non-registered trade mark on which the opposition was based within the subject matter of the Agreement, Nike proposed a broad interpretation of that clause. [read post]
10 Apr 2017, 6:45 am
When assessing similarity, the hearing officer started by comparing the marks visually. [read post]
On 18 May 2021, the Polish Supreme Court issued a much awaited ruling to resolve doubts concerning the national limitation period of non-pecuniary claims in trademark matters. [read post]
5 Mar 2015, 3:58 am by Lawrence B. Ebert
“You not only need to cite the [source], but you need to use the quotation marks when you’re using exact phrases,” she said. [read post]
22 Dec 2017, 12:06 am by Afro Leo
This is the impression one gets from the latest episode in the CLEARVU trade mark war, being the ruling of the Supreme Court of Appeal (SCA) in an opposition matter involving the parties, reported here. [read post]
25 Nov 2007, 9:51 am
A story for another day.see IPBiz challenges Noel Sheppard on quote lifting and the Merrill matter [read post]
The Supreme Court recently agreed, denying CONSOL’s request that it consider the matter. [read post]
The Supreme Court recently agreed, denying CONSOL’s request that it consider the matter. [read post]
On February 21, 2024, in a decision that provoked strong dissent, the National Labor Relations Board (the “Board”) ruled in Home Depot USA, Inc. and Antonio Morales Jr. that Home Depot violated the National Labor Relations Act (“NLRA”) by prohibiting an employee from wearing a “BLM” (Black Lives Matter) marking on his work apron and constructively discharging him after he refused to remove it. [read post]
On February 21, 2024, in a decision that provoked strong dissent, the National Labor Relations Board (the “Board”) ruled in Home Depot USA, Inc. and Antonio Morales Jr. that Home Depot violated the National Labor Relations Act (“NLRA”) by prohibiting an employee from wearing a “BLM” (Black Lives Matter) marking on his work apron and constructively discharging him after he refused to remove it. [read post]
23 Jan 2015, 3:57 am
As such, the Galápagos would likely be at the bottom of any list of locales that would be expected to give rise to a trade mark matter. [read post]
17 Sep 2020, 9:32 am by Eileen McDermott
Court of Appeals for the Federal Circuit, asking the Court to review a July 2020 panel decision relating to its interpretation of the patent marking statute, 35 U.S.C. [read post]