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5 Jul 2017, 8:43 am by Dan Carvajal
(c) The sales taxes in Hawaii, New Mexico, North Dakota, and South Dakota have broad bases that include many business-to-business services. [read post]
5 Jul 2017, 3:44 am
The descriptive use defence provides that it is permissible to use a sign to indicate a particular characteristic of goods or services, provided that the use is in accordance with honest practices in industrial or commercial matters. [read post]
4 Jul 2017, 1:19 pm by Kevin
Supreme Court DecisionDueling Still Not Advisable in OregonGuy Who Got a C on Constitutional-Amendment Paper GETS CONSTITUTION AMENDED  [read post]
3 Jul 2017, 12:48 pm
Under section 20(1)(a) Trade-Marks Act (RSC 1985, c T-13)(TM Act), trade mark infringement requires a valid trade mark registration, a ‘use’ in the sense of the Act (sale, distribution or advertisement), a confusing sign in relation to any goods and services in a commercial context without entitlement or authorisation. [read post]
3 Jul 2017, 12:48 pm
Under section 20(1)(a) Trade-Marks Act (RSC 1985, c T-13)(TM Act), trade mark infringement requires a valid trade mark registration, a ‘use’ in the sense of the Act (sale, distribution or advertisement), a confusing sign in relation to any goods and services in a commercial context without entitlement or authorisation. [read post]
1 Jul 2017, 12:00 pm by Jane Chong
This new position marks a decisive break from the more conscientious approach long espoused by both the Comptroller General and the Office of Legal Counsel (OLC). [read post]
30 Jun 2017, 6:00 pm
On 6 July 2007, Hub Culture registered a US word mark for VEN for finanical services.Because this decision hinged on whether there was good or bad faith at the time of filing, the order of events is important. [read post]
30 Jun 2017, 6:00 pm
On 6 July 2007, Hub Culture registered a US word mark for VEN for finanical services.Because this decision hinged on whether there was good or bad faith at the time of filing, the order of events is important. [read post]
28 Jun 2017, 7:32 am by Kevin Goldberg
The USPTO has made it clear that its registration of a mark does not mean it approves of the mark. [read post]
27 Jun 2017, 1:17 pm
In the absence of explicit agreement identification occurs(a) when the contract is made if it is for the sale of goods already existing and identified;(b) if the contract is for the sale of future goods other than those described in paragraph (c), when goods are shipped, marked or otherwise designated by the seller as goods to which the contract refers;(c) when the crops are planted or otherwise become growing crops or the young are… [read post]
26 Jun 2017, 4:29 pm by Michael Broyde
Good arbitration rules, then, spell out the grounds for error and procedures to initiate an appeal. 3. [read post]
24 Jun 2017, 10:44 am
 In Case C-63/97 Bayerische Motorenwerke AG and another v Deenik [1999] ETMR 339, the CJEU was asked whether advertisements such as "Repairs and maintenance of BMWs", infringed a BMW trade mark.The CJEU responded at paragraph 64 that:"...Articles 5 to 7 of the directive do not entitle the proprietor of a trade mark to prohibit a third party from using the mark for the purpose of informing the public that he carries out the repair and maintenance of… [read post]
23 Jun 2017, 10:27 am by Chris Mirasola, Yishai Schwartz
Although the majority of the analysis is redacted, Judge Collyer spends a good portion of the opinion reviewing 702 targeting and minimization procedures, emphasizing post-tasking analysis, [read post]
23 Jun 2017, 12:20 am
The case reference is Christian Louboutin and Christian Louboutin SAS v Van Haren Schoenen BV, C-163/16.More specifically, the Dutch court is asking the CJEU to answer this question:“Is the notion of ‘shape’ within the meaning of Article 3(1)(e)(iii) of Directive C (‘Form’, ‘vorm’ and ‘forme’ in the German, Dutch and French language versions of the Trade Marks Directive respectively) limited to the… [read post]
22 Jun 2017, 8:45 am
Chinese authorities continue to work through issues of good corporate governance within the logic of the Chinese political and economic system on their own terms. [read post]
21 Jun 2017, 9:37 pm by Gene Takagi
And the vast majority operate in good faith in the best interests of our communities. [read post]
20 Jun 2017, 11:33 am by Lisa Ramsey
§ 1125(c), protects famous and distinctive trademarks against dilution by blurring or tarnishment “regardless of the presence or absence of actual or likely confusion, of competition, or of actual economic injury. [read post]