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31 May 2013, 7:24 am
The former provision prevents the registration of non-distinctive signs, which cannot fulfil the essential function of a trade mark; the latter ensures that 'descriptive signs relating to one or more characteristics of the goods or services in respect of which registration as a mark is sought may be freely used by all traders offering such goods or services' (see Case C‑173/04 P Deutsche SiSi-Werke v OHIM, and Case C‑191/01 P OHIM v Wrigley). [read post]
24 May 2024, 4:35 am by David Dirr
  The post Appeals Court Sides with Pharmaceutical Companies in 340B Case: An Analysis by DBL Law Partner David Dirr appeared first on DBL Law. [read post]
23 Apr 2014, 2:59 am
Although the delay was unjustified, it was minimal in duration, caused no prejudice to opposer, had little impact on the proceeding, and apparently was not the result of bad faith.Moving to the merits of the case, the Board went farther than in its earlier decision, here ruling that Pepsico's mark DEW is also famous for soft drinks. [read post]
28 Sep 2022, 3:34 am
TTABlogger comment: In inter partes cases, the prior registration defense (Morehouse) is a toothless tiger, but in the ex parte context, Strategic Partners seems to have some teeth. [read post]
14 Jan 2014, 3:54 am
In an case, in applicant's mark the term has the same connotation.As to third-party registrations, applicant failed to show that the registered marks are in use. [read post]
20 May 2010, 9:02 am by atussey@mortgagefraudblog.com
Mark Kellogg, the deal maker and main defendant in the case, fraudulently acted as a mortgage …Read More... [read post]
5 Oct 2015, 10:05 am by Tom Smith
The new one, which opens on Monday, marks the start of Chief Justice John G. [read post]
4 Sep 2009, 1:47 am
On November 17, 2008, the Securities and Exchange Commission charged Dallas Mavericks' owner, Mark Cuban, with insider trading. [read post]
14 Dec 2016, 11:19 am by Mays & Kerr LLC
The settlement marks the end to litigation that allowed the 11th Circuit to weigh in on how courts should handle cases like this one, in which there was a mixture of valid bases for the adverse employment action along with clear proof of gender-based bias. [read post]
13 May 2022, 5:02 am
It provided evidence of 27 such uses, and pointed to Juice Generation as the most closely analogous case. [read post]
21 Sep 2010, 12:35 pm
And The Wall Street Journal has a news update headlined "Court Reverses Mark Cuban Insider-Trading Case Ruling. [read post]
25 Apr 2020, 6:30 am by Jen Patja Howell
For this episode of the Lawfare Podcast, we have something a bit different: a case study of how pandemic control measures intersect with federalism issues and supply chain continuity and security. [read post]
30 Jul 2020, 1:32 pm by Nedim Malovic
In the case at hand, Hugo Boss was able to demonstrate – by means of sales figures, marketing expenditure, and independent sources such as various surveys, studies and sponsorships – that its mark enjoys a high degree of recognition amongst the relevant public in Germany and in the EU for certain goods in Class 25. [read post]
8 Jul 2011, 8:05 am by Robert Wagner
What will be interesting is how the decision in this case will affect the legislation pending in Congress that rewrites the false marking statute (HR 1249, § 16 and S 23, § 2(k)). [read post]
28 Nov 2023, 1:53 am by Alessandro Cerri
The Board in fact considered that in this case, the two signs in question were not identical but only partially similar - and it could not be excluded that the consumer will be able to notice the differences between them. [read post]