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29 Oct 2018, 5:58 am
Opposer Curtin argued that Rapunzel is “synonymous with the name of a well-known childhood fairytale character” and has long been in the public domain. [read post]
13 May 2019, 2:28 am
The Board also pointed out that “SPA” has been used in the hotel sectors for a long time, as a synonym for a hydrotherapy facility (e.g. [read post]
14 Feb 2017, 12:15 pm
This Kitten found the session most interesting because these registrability exclusions have intrigued her for a long time, particularly the one about the substantial value added to the product.The growing importance of online services and restoring the “value gap”The conference was chaired by Fabienne Brison. [read post]
21 Apr 2023, 4:21 am
Finally, the Board observed that "[t]The parties spent an inordinate and unnecessary amount of discovery, trial and briefing time on events that transpired long after the Critical Date of October 6, 2018. [read post]
29 Mar 2012, 5:16 am
Merpel wonders what happened in the meantime ...] rejected Handicare’s application, finding that, because of the similarity of the signs, the considerable and long-standing reputation of the earlier marks of Apple Corps and the overlap of the relevant public [Those elderly folk who were still in their teens when they sang "When I'm Sixty-Four" and never imagined what it would be like when they got there ...], it was likely that Handicare would take unfair… [read post]
16 Feb 2012, 5:57 pm
Indeed, evidence of a single sale can suffice as long as it is not contrived for the purposes of the hearing. [read post]
10 Jun 2007, 2:20 pm
The YSL and SL marks are both vertically overlapped, and db marks both use lower-case letters. [read post]
29 Dec 2009, 8:52 pm
Tennessee lawyer Mark Lambert bites off part of Greg Herbers’ nose . [read post]
5 Feb 2019, 3:28 pm
It has long been held that when analyzing one party’s services for providing food, i.e. a restaurant, and another party’s food and/or drink products, the fact that a restaurant may offer particular food or beverages doesn’t mean the parties’ goods and services are related. [read post]
1 Apr 2015, 8:04 pm
8 Jan 2014, 2:07 am
According to those Courts, this would have been consistent with some major principles of the system and, in particular, with those that legalise long-standing factual situations, thus penalising right holders' passivity and reducing legal uncertainty. [read post]
5 Jul 2024, 10:49 pm
Not too long ago, this Kat discussed here the German Supreme Court judgment DACHSER, confirming that model toys of real-life cars and buildings do not, in principle, infringe the word and figurative trade marks for the real-life products. [read post]
2 May 2018, 1:30 am
Western Skyways Inc., 78 USPQ2d at 1211 (more than three and one-half years).The Board found, in view of the record evidence, that it was unreasonable for Petitioner to hold off as long it did before filing the petition to cancel. [read post]
17 Dec 2018, 2:09 am
It observed that the fame of opposer's mark plays a role in the analysis of this factor, since famous marks "cast a long shadow. [read post]
19 Mar 2020, 4:43 am
In ProMark, there was a different “marketing emphasis” between the parties’ marks, and a “long history of conflict-free co-existence of the parties’ marks, and … survey and expert testimony. [read post]
30 Jun 2019, 3:00 pm
By its decision, the Swiss Federal Supreme Court granted the registration of the mark after a 7-year long dispute. [read post]
13 Jan 2017, 4:44 am
The EU courts have previously held that a 3D mark can acquire distinctive character even if used with other marks, as long as the public distinguishes the product from originating from a particular source as a result. [read post]
20 Nov 2020, 5:01 am
Not long after I had written Monday’s commentary, A Tax Proposal That Misses the Mark, but before it published, reader Morris shared with me his discovery of the very same proposal. [read post]
27 Dec 2019, 12:29 pm
By Mark S. [read post]
20 Oct 2015, 3:52 pm
Chaney received a pumpkin pie from the judge who wanted him to enjoy the taste after eating bland prison food for so long. [read post]
