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2 Mar 2019, 2:17 am
The examination of any trade mark application – in each individual case – must be stringent and comprehensive, in order to prevent marks from being improperly registered. [read post]
31 Dec 2018, 9:53 am
That pickup truck was owned by a leasing company owned by Mark and his wife and insured by State Farm. [read post]
18 Nov 2019, 3:40 am
" However, that was not the end of the matter.The Board failed to conduct the next, necessary, step: analyzing whether Appellant’s use of the mark was “significant” enough to make Appellee’s claim false, or whether it was “inconsequential” such that Appellee’s claim of “substantially exclusive” use was not false.Therefore the CAFC vacated the fraud portion of the Board's decision and remanded the case for further… [read post]
28 Sep 2020, 1:08 am
Key takeaways This case highlights the persisting difficulties for brand owners in trying to secure registered protection for non-conventional marks, particularly marks that comprise the shape of the products themselves. [read post]
9 Aug 2013, 9:50 am
In such a case, the term has acquired "secondary meaning" -- the capacity to identify the provider of the good -- and can be protected as a trademark. [read post]
11 Feb 2019, 4:21 am
In addition, the record reflects that some of the third-party users point to Respondent when advertising their “Smile More” merchandise in an attempt to associate their goods with him.Petitioner pointed to eight registrations of SMILE MORE and SMILE-formative marks for dental services and snack foods, but none related to the goods in Atwood's registration.The Board concluded that this is "not a case in which widespread ornamental use of the phrase SMILE MORE… [read post]
22 Feb 2018, 1:51 pm
Redbox has registered trademarks for its word mark and for the kiosks’ red color scheme. [read post]
17 Jun 2020, 7:14 am
This was especially the case where this promotional activity appeared to be targeted at the UK deliberately (not incidentally). [read post]
28 Apr 2022, 2:55 am
This case reminds me of the recent defeat suffered by Monster Energy [TTABlogged here]. [read post]
3 Jun 2011, 8:39 pm
In 2010, over 670 false marking cases were filed in the federal courts. [read post]
16 Jul 2021, 7:40 am
This case (joined cases C-449/18 P and C-474/18 P) reaffirmed a significant clarification of trade mark law set out by the earlier EU General Court decision - namely, that visual and aural similarities could be counteracted by conceptual differences (see IPKat commentary here).The earlier EU figurative TM in questionAnother such case arose in June in the General Court, this time involving the application for EU word mark ‘MILEY CYRUS’ and… [read post]
7 Mar 2024, 11:14 am
Failing to obey posted signs and road markings increases accident risk and fault percentages. [read post]
16 Apr 2024, 12:00 pm
"he repeatedly outright refused to acknowledge the long swaths of his report that quote other work verbatim without any quotation marks at all—instead stubbornly insisting that he cited over 1,100 references, as if that resolves the attribution issue (it does not)" The post Harvard Medical “Expert” Disqualified in Federal Court Case Due to “Overwhelming” and “Misleading” Plagiarism first appeared on Le·gal… [read post]
4 Mar 2007, 3:24 pm
" Moreover, the Board must assume that those common goods are marketed to overlapping classes of consumers; in any case, both parties target men as a primary class of customer. [read post]
11 Nov 2019, 5:16 am
In this case, Bentley Motors was found to have infringed the claimants’ ‘Bentley’ trade mark by use of Bentley Motors’ ‘Combination Sign’ (pictured on the right hand side) on their clothing and headgear.BackgroundThe claimants in the case were Brandlogic, a family firm which sold clothing under the brand ‘Bentley’, as well as Bentley 1962 Ltd, which held the IP rights it claimed to license… [read post]
2 Mar 2019, 4:14 am
In any event, he found that the behaviour of the respondent would substantially amount to copyright infringement.CommentThis interim decision raises a number of important questions, which would be interesting to see developed further in a full judgment on the merits.Trade mark law meets copyright ... or vice versaAs far as trade mark law is concerned, this cases raises the issue of bad faith registrations and, if one wishes, also broader reflections relating to overlapping… [read post]
16 Nov 2017, 5:01 pm
., November 7, 2017) (affirming summary judgment in favor of the School District: Mitchell fails to argue plain error on his discrimination claim or pretext on his retaliation claim)*Cases marked with an asterisk are cases the 10th Circuit does not consider binding precedent except under the doctrines of law of the case, res judicata, or collateral estoppel. [read post]
25 Jun 2016, 7:21 pm
., June 2, 2016) (affirming denial of disability benefits: the administrative law judge's reasons for discounting the relevant medical opinions were neither insufficient nor illegitimate)*Cases marked with an asterisk are cases the 10th Circuit does not consider binding precedent except under the doctrines of law of the case, res judicata, or collateral estoppel. [read post]
9 Jan 2018, 3:55 pm
., December 20, 2017) (affirming award to petitioner of black lung benefits)*Cases marked with an asterisk are cases the 10th Circuit does not consider binding precedent except under the doctrines of law of the case, res judicata, or collateral estoppel. [read post]
3 Mar 2018, 6:34 am
Denver Fire Department (10th Circuit, February 7, 2018) (affirming ruling that supervisor did not disclose confidential information that Perez suffered from PTSD, information was inferred from voluntary disclosures by Perez outside medical examination) *Cases marked with an asterisk are cases the 10th Circuit does not consider binding precedent except under the doctrines of law of the case, res judicata, or collateral estoppel. [read post]
