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16 Feb 2018, 11:00 am by Rebecca Tushnet
  Brand associations and attitudes are the reputation of a mark. [read post]
16 Feb 2018, 12:45 am
SkyKick argued that the marks were wholly or partly invalid on the grounds that the specifications of the goods and services lacked clarity and precision and that the applications were made in bad faith. [read post]
15 Feb 2018, 3:26 am
The proposed mark is thus incapable of distinguishing Applicant’s goods, making it ineligible for registration on the Supplemental Register. [read post]
13 Feb 2018, 6:19 am by Dan Carvajal
(c) The sales taxes in Hawaii, New Mexico, North Dakota, and South Dakota have broad bases that include many services. [read post]
12 Feb 2018, 6:27 am
Never Too Late 179 [week ending 21 January] Scents and trade marks - The EU reform of olfactory marks and advances in odour recognition techniques| French government claims back « France.com » (as trade mark and domain name) | Swedish Patents and Market Court of Appeal requests CJEU to clarify notion of ‘shape, or another characteristic, which gives substantial value to the goods’| New presidency of the Council of… [read post]
12 Feb 2018, 5:00 am by Barry Sookman
Nor do we consider it appropriate to require legitimate makers of any products to drop their prices or to otherwise change their business models to compete with sellers of counterfeit or stolen goods. [read post]
12 Feb 2018, 12:20 am by Peter Mahler
Under these provisions, the plaintiffs contended, the Board had a “perverse” disincentive to negotiate above the $30 million mark. [read post]
10 Feb 2018, 2:24 pm
The introduction to the Petition, from which I have been quoting, thus gives a good overview of the problems of interpretation that have brought Bishop Lawrence and his parishes to the doorstep of our country's highest court. [read post]
9 Feb 2018, 10:10 am by Tim Springer
This is why carrying a private disability insurance plan could be a good idea. [read post]
8 Feb 2018, 3:36 am
 Similarly to the previous Opinion, in fact, the AG appeared to suggest that – while the red sole could not be considered just a colour mark – this trade mark might not fall in concreto (although yes potentially) within the absolute ground for refusal concerning signs consisting exclusively of shapes (or other characteristics) that give substantial value to the goods or services, as per Article 3(1)(e)(iii) of Directive 2008/95/EC.Let’s take a… [read post]
8 Feb 2018, 2:40 am
In re Spin80, Inc., Serial No. 87116915 (January 31, 2018) [not precedential] (Opinion by Judge Cynthia C. [read post]
7 Feb 2018, 10:06 am by Tom Kosakowski
" Workshops are sought on the general conference themes or sub-themes in English, French, or Spanish.Proposals should include:Title: this should succinctly reflect what is being proposed;Category: case study, practice-oriented or policy-oriented;Presentation Style: (a) a presentation as part of a round-table (60 minutes; (b) a good practice/special project session (90 minutes); or (c) an interactive workshop (200 minutes, with a integrated coffee-break); andAbstract: core idea… [read post]
6 Feb 2018, 2:51 am
In re El Galan, Inc., Serial No. 86961428 (February 1, 2018) [not precedential] (Opinion by Judge George C. [read post]
6 Feb 2018, 12:55 am
 The trade mark, registered as a Benelux mark in Class 25 of the Nice Classification for shoes (other than orthopaedic ones), consists "of the colour red (Pantone 18 1663TP) applied to the sole of a shoe as shown (the contour of the shoe is not part of the trade mark but is intended to show the positioning of the mark)".More specifically, the CJEU has been asked to answer this question:“Is the notion of ‘shape’ within the… [read post]
2 Feb 2018, 2:52 am by Wim Alberts
  The case related to the word “disparage” in said section, which reads as follows: “No trademark by which the goods of the applicant may be distinguished from the goods of others shall be refused registration on the principal register on account of its nature unless it—(a)  Consists of or comprises immoral, deceptive, or scandalous matter;or matter which may disparage…”The important question left open was the Constitutional status of… [read post]
1 Feb 2018, 10:52 am
  The global dimension of CSR promotes human rights, good working conditions, environmental sustainability and anti-corruption. [read post]
1 Feb 2018, 4:41 am
 Guest Kat Frantzeska discusses one of the last CJEU rulings concerning the SPC Regulation, the Incyte case (C-492/16).Image credits: Cherise OsakiPREVIOUSLY ON NEVER TOO LATENever Too Late 179 [week ending 21 January] Scents and trade marks - The EU reform of olfactory marks and advances in odour recognition techniques| French government claims back « France.com » (as trade mark and domain name) | Swedish Patents and… [read post]
30 Jan 2018, 5:00 am by Michael Risch
If we don’t, then we would, you know, totally disavow the mark. [read post]
30 Jan 2018, 5:00 am by Michael Risch
If we don’t, then we would, you know, totally disavow the mark. [read post]