Search for: "Mark S. Humphreys"
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10 Sep 2018, 1:20 am
” Top 3 Kluwer Trademark Blog posts of June, July and August 1) CJEU: Puma’s feline jumps high: EUIPO must take into account earlier decisions recognizing reputation of a mark invoked in an opposition by Athanasia Giannopoulou and Verena von Bomhard “By judgment of 28 June 2018 (C‑564/16 P), the CJEU rejected an appeal filed by the EUIPO. [read post]
3 Sep 2018, 11:45 pm
The Board’s findings as to the DuPont factors were supported by substantial evidence, in the court’s view. [read post]
30 Aug 2018, 10:51 am
Recently, the EFTA Court expressed, in Case E-5/16 ‘Vigeland’, that certain works of art may enjoy a particular status as prominent parts of a nation’s cultural heritage, an emblem of sovereignty or of the nation’s foundations and values. [read post]
28 Aug 2018, 7:15 pm
The mark consists of the picture of packing material in a S-shape and showing lines with grooves and serrations while the impression is made that the mark consists of several S-shapes piled on top of one another. [read post]
28 Aug 2018, 12:16 am
Julius Stobbs and Yana ZhouIn the EU, any third party in possession of genuine goods put on the market in the European Economic Area (EEA) by the trade mark owner or with the trade mark owner’s consent is free to resell those goods within the EEA. [read post]
27 Aug 2018, 6:32 am
It is indeed hard to construe how taking off somebody’s mark and then selling the goods under a different mark can be use of the mark for the goods in the marketplace. [read post]
25 Aug 2018, 12:29 am
Following the registration the snack company Estrella Denmark A/S filed an opposition together with a number of their sub-suppliers. [read post]
24 Aug 2018, 3:40 am
But it is highly likely that the set of rules will be the same as the ones that have been developed and applied in opposition proceedings (since 1993), where use of the opponent’s mark can be challenged. [read post]
22 Aug 2018, 12:02 am
These changes are the most significant changes since the 1950’s. [read post]
10 Aug 2018, 12:02 am
The brewery’s 20 years of prior use of its mark sufficed to overcome the presumption of validity attached to the clothier’s trademark registrations. [read post]
30 Jul 2018, 8:32 am
Echoes of the issues that Taft and Frankfurter confronted in 1913 may be heard in Myers and Wiener, in Justice Sutherland’s opinion for the Court in Humphrey’s Executor v. [read post]
30 Jul 2018, 8:32 am
Echoes of the issues that Taft and Frankfurter confronted in 1913 may be heard in Myers and Wiener, in Justice Sutherland’s opinion for the Court in Humphrey’s Executor v. [read post]
27 Jul 2018, 9:23 am
As per the Board’s ruling, it belongs to the group of the 4. [read post]
23 Jul 2018, 3:50 am
Dior, the ECJ allowed a trade mark owner to invoke its rights against a licensee because of the licensee’s violation of a license agreement provision prohibiting sales to discount stores, where those sales affect the reputation of the goods to such an extent that their quality is called into question. [read post]
19 Jul 2018, 6:30 am
Echoes of the issues that Taft and Frankfurter confronted in 1913 may be heard in Myers and Wiener, in Justice Sutherland’s opinion for the Court in Humphrey’s Executor v. [read post]
13 Jul 2018, 7:38 am
As a result, companies in the skin care sector are free to use and register marks with AFTERSUN and variants thereof, also in Spain! [read post]
12 Jul 2018, 12:25 am
Athanasia Giannopoulou and Verena von BomhardPuma´s earlier mark Applicant´s mark By judgment of 28 June 2018 (C‑564/16 P), the CJEU rejected an appeal filed by the EUIPO. [read post]
8 Jul 2018, 10:58 am
Let’s begin with the provocative. [read post]
5 Jul 2018, 4:37 am
The Austrian Supreme Court (“OGH”) considered Pfizer’s mark to have a substantial reputation in Austria. [read post]
4 Jul 2018, 5:22 am
Nor does the reputation of ia the Godfather films change the association of the contested mark. [read post]
