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1 Jul 2013, 12:31 pm
Immigration and Customs Enforcement, is one of the agencies charged with investigating counterfeit goods. [read post]
1 Feb 2010, 8:26 pm by Michael Atkins
Entertainment did not show that the parties’ marks are similar; The parties do not compete with respect to the same goods or services; E! [read post]
2 Feb 2015, 2:20 am
And how does that ruling interact with CJEU and national courts’ earlier case law on exhaustion of digital goods? [read post]
17 May 2023, 6:20 am by Kevin LaCroix
Mark SuttonLeah BarrattIn the following guest post, Mark Sutton and Leah Barratt take a look at the proposed Economic Crime and Corporate Transparency Bill, a piece of legislation currently pending in the U.K. [read post]
14 Sep 2010, 9:26 am
The distinctive character of a mark must always to be assessed specifically by reference to the goods or services designated. [read post]
24 May 2012, 5:38 am
According to today's Curia press release, "The shape of a chocolate rabbit with a red ribbon cannot be registered as a Community trade mark The Court of Justice confirms that this shape is devoid of any distinctive character According to the Community Trade Mark Regulation the shape of goods or their packaging can constitute a Community trade mark. [read post]
21 Jun 2009, 9:00 pm
European Court of Justice (C-487/07 – 18. [read post]
16 Jan 2007, 9:22 pm
There are also some jolly good cases from non-English-speaking countries that are published in English for the first time: * Adidas Salomon v Nike Europe (Court of the Hague), in which the three-striped juggernaut that is Adidas' atrade mark portfolio runs into a mountain that is Nike's two-striped embellishment;* F... [read post]
11 Sep 2019, 1:16 am by Sara Parrello
As to whether Viridis had a justification for its non-use of BOSWELAN, the CJEU reiterated that proper reasons for non-use must be independent of the will of the proprietor of the mark, have a sufficiently direct relationship with the mark, and be of such a nature as to make the use of the mark impossible or unreasonable ( see C-246/05, Häupl). [read post]
11 Sep 2012, 12:30 am by Steve Baird
® means the owner actually has federally-registered the designation as a trademark or a service mark (I suppose it also could mean the designation is registered as a certification mark or collective mark, but those are few and far between) for the goods or services covered by the symbol’s use — for more details on the proper use of the ® notice symbol, check my post from a few years back: Registration Symbol Misuse As Trademark Fraud? [read post]
12 Oct 2013, 9:05 am by Schachtman
  Apparently, Bryson has never heard of Linus Pauling and his Vitamin C fiasco. [read post]
1 Dec 2014, 12:36 am
 * EPO video-conferencing: good for the planet -- but is it good for patent applicants too? [read post]
19 Feb 2016, 11:57 am by Rebecca Tushnet
  Any effect of anticipation from C&D letters? [read post]
17 Oct 2007, 4:08 am
Further, the applicant may not reinsert the omitted goods/services.TMEP § § 1201.02(c) and 1201.03(c): Clarifies that an application may be amended to correct the applicant's name if the party listed as the applicant did not exist as a matter of law on the application filing date, and the application was filed by the party who owned or was entitled to use the mark, albeit under an incorrect name or with an incorrect entity… [read post]
4 Aug 2023, 8:08 am by Rebecca Tushnet
France has required 20-25% reinvestment, Italy considering similar marks. [read post]