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2 Jun 2020, 12:39 am
Fourthly, using the identical sign infringes a trade mark right, even when acting as an intermediary in the economic interests of a third party. [read post]
27 May 2020, 9:02 am
More from our authors: Mediation: Creating Value in International Intellectual Property Disputes by Théophile Margellos, Sophia Bonne, Gordon Humphreys, Sven Stürmann € Design Rights, Functionality and Scope of Protection by Chris Carani€ 199 [read post]
26 May 2020, 10:29 am
But I know our readers are interested in this question, so I thought I'd pass along the Justices' most detailed discussion of the issue, from City of Boerne v. [read post]
20 May 2020, 6:18 am
As ever this Arnold decision is interesting. [read post]
10 May 2020, 9:05 pm
” However, the most interesting part of this latest GAO report on cell-cultured meat, which is grown in labs, is the vast number of questions the fledgling industry has to answer before it will ever reach commercial significance. [read post]
6 May 2020, 3:40 am
The CJEU held that even though the underlying public interest of the functionality provisions is to prevent the perpetuation of time-limited intellectual property rights by means of trademark protection, this objective does not prevent the coexistence of several forms of legal protection. [read post]
5 May 2020, 11:51 am
Rob Portman and Dick Durbin introduced a resolution in late March to allow for remote votes and proceedings, which I describe in detail below, Majority Leader Mitch McConnell has shown little interest in moving the resolution forward. [read post]
2 May 2020, 1:07 pm
[Further thoughts on the Tucker Act and Federal Question Jurisdiction] Last week I posed a question: "can a plaintiff seek compensation for an unconstitutional taking, without relying on the Tucker Act's jurisdiction–if not under the Takings Clause, perhaps under some theory of tort. [read post]
1 May 2020, 6:22 am
Unfortunately, when it comes to assembling all the moving parts, keeping the machine oiled, and performing necessary maintenance, well, sadly, that's where th... [read post]
15 Apr 2020, 2:59 am
Red Bull GmbH v Big Horn UK Limited & Ors [2020] EWHC 124 (Ch) This case is an interesting commentary on the route that rights holders can pursue in order to challenge lookalike products. [read post]
6 Apr 2020, 2:25 pm
Th decedent died in February of 2018, leaving a substantial estate. [read post]
29 Mar 2020, 11:57 pm
In doing so, the court must carefully consider whether the continuation of the proceedings is as urgent as to outweigh the public interest in preventing and combating the dissemination of COVID-19. b) Suspension of deadlines for bringing a law suit or other action Both limitation periods and deadlines for bringing an action are suspended from 22 March 2020 until the end of 30 April 2020. [read post]
29 Mar 2020, 11:57 pm
In doing so, the court must carefully consider whether the continuation of the proceedings is as urgent as to outweigh the public interest in preventing and combating the dissemination of COVID-19. [read post]
26 Mar 2020, 5:35 am
It will be interesting to see whether Beierholm will appeal the decision, which might then provide us with further guidance from the Danish courts in relation to the weighing of factors in the overall assessment of the actual likelihood of confusion. [read post]
20 Mar 2020, 12:00 am
Lastly, offering your goods and services under one brand in all the countries of interest to you, just makes commercial sense to reduce the chances of confusion amongst the consumers who know you under that brand. [read post]
19 Mar 2020, 10:35 am
UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF OHIO WESTERN DIVISION AT COLUMBUS In re: : Chapter 11 : Murray Metallurgical Coal : Case No. 20-10390 Holdings, LLC, et al., : : Judge Hoffman : Debtors [read post]
19 Mar 2020, 8:38 am
The perception of the mark by the relevant public cannot be determined in an abstract manner or based on subjective values but should take account of the factors that provide clues to the actual perception by the public; The General Court erred when balancing the interests of the appellant in the registration of its mark applied for and the public interest. [read post]
15 Mar 2020, 5:31 am
However, even if the “making […] of a product in which the design is incorporated” is an act of infringement, the Metropolitan Court of Budapest ruled that, since the construction firm had no interest in and no influence on the actual shape of the product, the construction firm de iure did not make the product. [read post]
13 Mar 2020, 3:32 am
D46 was discussed at a rather late stage in the hearing, but it was discussed and the proprietor limited itself to commenting on the oral submissions of the opponent.The Board did not direct the proprietor to address the issues raised in the grounds of appeal, but in the interests of impartiality,it is generally recognized that a Board is under no obligation to inform a party that it deems a particular argument relevant. [read post]
6 Mar 2020, 6:00 am
On Feb. 28, a three-judge panel of the D.C. [read post]
