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20 Dec 2022, 12:46 pm by Rebecca Tushnet
Plaintiffs allegedly used the 12 O’Clock Boyz trademarks since 2001 and registered the marks in 2016. [read post]
8 Jul 2008, 9:59 am
The request came in the wake of trade mark infringement proceedings brought by L'Oréal in respect of its REDKEN trade mark for goods in Class 3, which the defendants parallel imported from the US via third parties. [read post]
28 Sep 2018, 6:52 am by Eric Goldman
The court correctly says “good faith” isn’t an element of 230(c)(2)(B), though it does show up in 230(c)(A). [read post]
23 Feb 2010, 7:38 am
It's called Ten good reasons for not distributing the OHIM’s surplus to “users” and, as its name suggests, this document argues against the refund to overcharged users of the Community trade mark system of the sums they should not have had to pay in the first place.Right: "Charge! [read post]
17 Apr 2024, 3:38 am by Eleonora Rosati
The IPKat has received and is pleased to host the following guest post by Katfriends Jakob Plesner Mathiasen and Matilde Helene Bom (both Gorrissen Federspiel) on a recent Danish decision tackling the relationship between trade mark law and freedom of expression. [read post]
12 Dec 2011, 3:24 am
Deeds, 191 F.3d 540, 547 (4th Cir. 1999) (internal quotation marks omitted). [read post]
16 Oct 2007, 1:20 am
Tomorrow, October 17, 2007, marks the second anniversary of the effective date of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005, known as BAPCPA. [read post]
4 Jan 2015, 9:03 am by Graham Smith
It was the first UK trade mark site blocking case, the first since Newzbin2 to be contested by the ISPs and the first in which a third party (the Open Rights Group) intervened. [read post]
5 Jan 2011, 7:55 am by William Carleton
That's a good place to start, but that's standard. [read post]
6 Jan 2021, 1:38 pm by Thomas Key
The expungement proceeding requires that the movant show that the mark was never in use for some or all of the goods or services claimed; under that ground, the mark may be subject to an expungement proceeding any time after three years after registration. [read post]
7 Jul 2023, 10:35 am by Chiara Gallo
The challenges identified related to: (1) registration from physical goods to the digital market; (2) access to services; (3) enforcement; (4) issues linked to multimedia marks or to non-traditional marks; (5) designs that could provide for a solution to the risk of the loss of relevance of trade marks due to future uses in the Metaverse. [read post]
24 Jun 2013, 3:40 am by John L. Welch
Nor do they justify inviting a two-stage strategy by a rival hoping to dilute a famous mark—start with a use that is hardest to prove dilutive, defeat the famous-mark owner’s challenge to that use, and then introduce more obviously dilutive uses of the very same mark with an impunity given by claim preclusion. [read post]
7 Oct 2014, 8:02 am by Duets Guest Blogger
A trademark or service mark is used by the owner of the mark on his or her goods or services, whereas a certification mark is used by persons other than the owner of the mark. [read post]
2 May 2019, 11:10 am
Maximilian called this the “drug applicants” or “Humira” scenario, marked green.A, B and C file a priority application and only A and B claim priority in the subsequent application. [read post]
13 Apr 2012, 12:42 pm by tahminawatson
 I am watching this space with much hope for further good news and will post updates as and when they are published. [read post]
10 Aug 2018, 2:59 pm by Rebecca Tushnet
He’s subsidizing the publicity benefits.Lemley: we don’t usually call that a wealth transfer.Miller: subsidy is better b/c there’s no one to one correspondence.Mark McKenna (and Mark Lemley), Unfair DisruptionThis isn’t really a paper about Aereo, but that’s an example: new tech often disrupts existing commercial relationships/settled expectations/industries. [read post]