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5 Apr 2013, 12:49 pm
Spyros Maniatis ((Queen Mary) then gave a blow-by-blow account of the CJEU ruling on bad faith in Case C-529/07 Lindt. and the General Court decision in Case T-136/11 Pelikan, which dealt with the making of repeat applications for almost-the-same marks. [read post]
21 Feb 2024, 4:00 am by Rebecca Tushnet
In reverse-confusion cases, a plaintiff “with a commercially weak mark is more likely to prevail than a plaintiff with a stronger mark, and this is particularly true when the plaintiff’s weaker mark is pitted against a defendant with a far stronger mark. [read post]
20 Mar 2019, 5:59 am
Is the assessment to be made in accordance with more objective/general criteria, for example with the starting point of how the mark appears and how it is possible to affix it to different goods, that is to say without regard to the manner in which the trade mark proprietor may de facto have affixed or may intend to affix the sign to various goods? [read post]
30 Dec 2008, 9:00 pm
The taxpayer  filed his 2000 and 2001 tax returns and claimed stock losses as ordinary losses  on Schedule C using the mark-to-market method of accounting. [read post]
6 Dec 2016, 1:32 am by Jani Ihalainen
While arguments can be thrown back and forth, a recent case in the Court of Appeal set to decide the criminal ramifications of the sale of 'grey' goods in the UK, on which the Court handed down its judgment early last month.The case of R v C & Ors dealt with a limited liability company that sold shoes and clothing, the operation of which included several different defendants. [read post]
31 May 2023, 1:18 am by Nedim Malovic
In particular, the Board considered that the scope of the appeal was limited to the question of whether bitFlyer Inc had acted in bad faith at the time of filing the mark for the dissimilar goods and services. [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]
29 Jan 2015, 3:14 pm
It recited the settled case-law affirming that a mark has distinctive character if it serves as a source of commercial origin and that distinctiveness must be assessed by reference to the relevant goods and services and to the perception of the relevant public. [read post]
21 Nov 2022, 12:30 am by Nedim Malovic
In those cases, it is sufficient that, in consequence of such use, the relevant class of persons actually perceive the goods or services, designated exclusively by the mark applied for, as originating from a particular undertaking.Accordingly, a registered trade mark that is used only as part of a composite mark or in conjunction with another mark must continue to be perceived as indicative of the origin of the goods at issue for that use to be… [read post]
31 Dec 2012, 7:34 am
  Lewison LJ noted that in instances where the question was whether there was a likelihood of confusion, a survey contributed little to the assessment, particularly where the goods or services were ordinary and within the judge's own experience. [read post]
1 May 2020, 4:24 am by Riana Harvey
To directly compete with such free printing apps, Photobox launched the app complained of, ‘Photobox Free Prints’ in April 2019, providing a similar service to the FreePrints app, though with somewhat different charges.PlanetArt’s claims were based on: (i) trade mark infringement under s10(2) and s10(3) TMA 1994, based on the use of Photobox’s Free Prints Icon, the Photobox App Store search App name and branding, and the stylised Photobox Free Prints design… [read post]
1 Dec 2022, 1:42 am by Kai Schmidt-Hern (Lubberger Lehment )
Owners of retail service marks seem to rely on evidence of the mere fact that certain goods have been sold to customers. [read post]
14 Sep 2017, 2:20 am
 For those with limited time, I will skip straight to the point.The CJEU has already determined (in IHT Internationale Heiztechnik and Danzinger C-9/93, EU:C:1994:261)that the principles of trade mark exhaustion apply where the owner of the trade mark in the importing state (i.e. [read post]
22 Jun 2015, 2:45 am
The new text expressly allows trade mark holder to prevent the goods from entering in the EU, when those goods bear without authorization a mark identical with or one that is indistinguishable in its essential components from the EU trade mark. [read post]
22 Mar 2017, 3:50 am
Calphalon maintained that the mark does not immediately convey a readily understood meaning to consumers as to the nature of the goods. [read post]
6 Dec 2011, 2:08 am by sally
Koninklijke Philips Electronics NV v Lucheng Meijing Industrial Co Ltd and others; Nokia Corpn v Revenue and Customs Comrs (Internationak Trademark Association intervening) (Joined Cases C-446/09 and C-495/09); [2011] WLR (D) 349 “Goods coming from a non-EU state which were imitations of goods protected in the European Union by a trade mark or copies of goods protected in the EU by copyright could not be classified as “counterfeit… [read post]