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23 Apr 2018, 4:00 am
April 23 marks the birthday of James Buchanan, the man regarded by many historians as one of the worst—if not the worst—presidents of all time. [read post]
17 Jul 2011, 8:31 am
MPEP 608.04(c). [read post]
2 Mar 2020, 10:12 am
MTM comes out the other way, consumers get different choices and behave differently b/c product mix is now different. [read post]
9 Oct 2018, 7:50 am
| Swedish Supreme Court to rule on damages relating to online copyright | CJEU back in ‘Hot Water’ – when are infringing goods being ‘offered’? [read post]
11 Feb 2011, 2:05 pm
” Moreover, when an individual is so well known, he or she is entitled to the protection of Section 2(c) without having to show a connection with the involved goods or services. [read post]
25 Apr 2019, 6:15 am
The BOA in its decision stressed that the assessment of descriptiveness is not dependent on whether it has been proven that the color is actually being used in relation to the goods which the mark is applied for, but that it should also be considered whether it is reasonable to assume that such an association may be established in the future (a reference was made to the reasoning in C-108-109/97 Chiemsee). [read post]
3 Jun 2010, 2:39 pm
It's Case C? [read post]
13 Jan 2009, 5:22 pm
§ 1125(c)(1), "the owner of a famous mark that is distinctive . . .shall be entitled to an injunction against another person who . . . [read post]
15 Jul 2019, 3:26 am
The PRV justified its refusal saying to have changed its practice on geographical names following the Windsurfing Chiemsee judgment (C‑108/97 and C‑109/97), so that geographical names would only be considered descriptive when designating a place associable with the category of goods concerned. [read post]
23 Apr 2010, 9:20 am
Dave Alden, Mark's former colleague at Jones Day, just sent us a copy of an article the he, Herrmann, and Brad Harrison wrote entitled "The Meaning Of The Parallel Requirements Exception Under Lohr And Riegel," 65 N.Y.U. [read post]
2 Mar 2020, 10:15 am
Is it b/c they just gave up b/c disclaimer wasn’t enough? [read post]
8 Apr 2011, 2:08 am
Merpel's not so happy though: if, as is generally going to be the case unless gas bottles are going to be filled with fizzy drink, the alleged infringement is an Article 5(1)(a) type -- same mark, same goods -- it shouldn't be necessary to have to show a link unless the Court of Justice's thinking in Google France has spread beyond the use of trade marks as keywords. [read post]
31 Mar 2011, 8:50 am
It takes an astonishingly long time to turn a piece of text which is good enough to post online into a printed document. [read post]
28 Jul 2008, 2:48 pm
As a reminder, the following italicized questions come from Jane C. [read post]
7 May 2010, 6:40 am
Privacy Locked c/o Privacy Locked LLC FA1315677 (Nat. [read post]
25 Jan 2012, 8:01 pm
The factors examined to determine whether consumer confusion is likely include: (1) Similarity of marks and overall commercial impression (sight, sound & meaning trilogy) (2) Relatedness of goods/services (3) Similarity of channels of trade (4) Impulse purchase v considered purchase (5) Fame of the prior mark (6) Number and nature of similar marks for similar goods/services (7) Nature and extent of any actual confusion. (8) Concurrent use… [read post]
11 Feb 2017, 7:09 am
Mark McKenna & Jessica Silbey, Investigating Design: An Empirical Study of Industrial Design and IP ProtectionInterviews & institutional analysis. [read post]
25 Sep 2015, 8:17 am
Bargaining in good faith is good, but it is not a good. [read post]
30 Dec 2022, 6:33 am
Two appeals to the CJ concerned cases where want-to-be interveners before the GC had filed their responses late and were therefore denied intervention (C‑103/22 P(I) (Chinese characters) and C‑245/22 P(I) (3D mark – shape of an inhalator). [read post]
3 Jul 2015, 2:46 pm
The second ground was that Applicant’s proposed marks would likely cause dilution of its marks by blurring pursuant to Trademark Act Section 43(c). [read post]
